HomeMy WebLinkAboutR-2003-075 Berger / Abam Engineers inc. Agreement (re: railroad grade separation project )RESOLUTION NO. R-2003- 75
A RESOLUTION directing the City Manager of the City of Yakima to execute an
agreement with BERGER/ABAM Engineers, Inc., for engineering and
consulting services related to a grade separation railroad project in the
vicinity of B Street and Lincoln Avenue with Front Street.
WHEREAS, in July 2000, the city of Yakima issued and advertised a request for
qualifications from firms interested in providing an environmental study for the design
and development of grade separation railroad project; and
WHEREAS, the request for qualifications advertisement described the matter as a
multi -phased project that would later include preparation of plans, specifications and
estimates related to the construction of the grade separation railroad project,
WHEREAS, as a result of said request for qualifications process, the City selected and
contracted with BERGER/ABAM Engineers, Inc. to provide the environmental study
services for the initial phase of the project; and
WHEREAS, BERGER/ABAM Engineers, Inc. has completed the services required
under said agreement; and
WHEREAS, additional engineering and consulting services are required to proceed
with the next phase of the project, including additional environmental documentation,
right-of-way acquisition/relocation and final project design, and
WHEREAS, BERGER/ ABAM Engineers, Inc. is willing to provide these services in
accordance with the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
authorize execution of an additional agreement with BERGER/ ABAM Engineers, Inc. for
said engineering and consulting services related to a grade separation railroad project in
the vicinity of B Street and Lincoln Avenue with Front Street, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated agreement with BERGER/ ABAM Engineers, Inc., for engineering and
consulting services related to a grade separation railroad project in the vicinity of B Street
and Lincoln Avenue with Front Street.
ADOPTED BY THE CITY COUNCIL this 20th day of May, 2003.
ATTEST:
Karen S. Roberts, City Clerk
May 15, 2003
ry Place, Mayor
Ea (
Local Agency
Standard Consultant
Agreement
Consultant/Address/Telephone
BERGER/ABAM Engineers, Inc.
33301 Ninth Avenue South, Suite 300
Federal Way, WA 98003
206-431-2300
Agreement Number
Federal Aid Number
Project Title And Work Description
B Street and Lincoln Avenue Grade Separations
Intermediate and Final Design, Right -of -Way Plans,
and Environmental Documentation
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
►5 Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method
❑ Actual Cost
0 Actual Cost Not To Exceed
%
DBE Participation
%
0 Yes ►e No ok
WBE Participation
❑Yes 0:1 No
_.4 Fixed Rate
158.23
%
Federal ID Number or Social Security Number
91-1422812
Fixed Fee $ 79,292.00
Do you require a 1099 for IRS? Completion Date
❑ Yes No May 31, 2005
❑ Specific Rates Of Pay
• Negotiated Hourly Rate
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work
Total Amount Authorized $ 1,250,000.00
Management Reserve Fund $
Maximum Amount Payable $ 1,250,000.00
THIS AGREEMENT, made and entered into this
between the Local Agency of
City of Yakima
day of i,t ij iE
, Washington, hereinafter called the
"AGENCY" , and the above organization hereinafter called the "CONSULTANT".
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore
deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary
services for the PROJECT; and
WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State
Statutes relating to professional registration, if applicable, and has signified a willingness to furnish
Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained
herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows:
DOT Form 140-089 EF
Revised 12/99
Page 1 of 8
GENERAL DESCRIPTION OF WORK
The work under this AGREEMENT shall consist of
the above described work and services as herein
defined and necessary to accomplish the completed
work for this PROJECT. The CONSULTANT shall
furnish all services, labor and related equipment
necessary to conduct and complete the work as
designated elsewhere in this AGREEMENT.
II
SCOPE OF WORK
The Scope of Work and project level of effort for this
project is detailed in Exhibit "B" attached hereto, and
by this reference made a part of this AGREEMENT.
III
GENERAL REQUIREMENTS
All aspects of coordination of the work of this
AGREEMENT, with outside agencies, groups or
individuals shall receive advance approval by the
AGENCY. Necessary contacts and meetings with
agencies, groups or individuals shall be coordinated
through the AGENCY.
The CONSULTANT shall attend coordination,
progress and presentation meetings with the
AGENCY or such Federal, Community, State, City
or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will
provide the CONSULTANT sufficient notice prior
to meetings requiring CONSULTANT participation.
The minimum number of hours or days notice —
required shall be agreed to between the AGENCY
and the CONSULTANT and shown in Exhibit "B"
attached hereto and made part of this AGREEMENT.
The CONSULTANT shall prepare a monthly
progress report, in a form approved by the AGENCY,
that will outline in written and graphical form the
various phases and the order of performance of the
work in sufficient detail so that the progress of the
work can easily be evaluated. Goals for Disadvan-
taged Business Enterprises (DBE) and Women
Owned Business Enterprises (WBE) if required shall
be shown in the heading of this AGREEMENT.
All reports, PS&E materials, and other data, furnished
to the CONSULTANT by the AGENCY shall be
returned. All designs, drawings, specifications,
documents, and other work products prepared by the
CONSULTANT prior to completion or termination of
this AGREEMENT are instruments of service for this
PROJECT and are property of the AGENCY. Reuse
by the AGENCY or by others acting through or on
behalf of the AGENCY of any such instruments of
service, not occurring as a part of this PROJECT,
shall be without liability or legal exposure to the
CONSULTANT.
IV
TIME FOR BEGINNING AND COMPLETION
The CONSULTANT shall not begin any work under
the terms of this AGREEMENT until authorized in
writing by the AGENCY. AD work under this
AGREEMENT shall be completed by the date
shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended
because of any delays attributable to the CONSULT-
ANT, but may be extended by the AGENCY, in the
event of a delay attributable to the AGENCY, or
because of unavoidable delays caused by an act of
GOD or governmental actions or other conditions
beyond the control of the CONSULTANT. A prior
supplemental agreement issued by the AGENCY is
required to extend the established completion time.
V
PAYMENT
The CONSULTANT shall be paid by the AGENCY
for completed -work and services rendered under this
AGREEMENT as provided in Exhibit "C" attached
hereto, and by this reference made part of this
AGREEMENT. Such payment shall be full compen-
sation for work performed or services rendered and
for all labor, materials, supplies, equipment, and
incidentals necessary to complete the work
specified in Section II, "Scope of Work". The
CONSULTANT shall conform with all applicable
portions of 48 CFR 31.
Page 2 of 8
VI
SUBCONTRACTING
The AGENCY permits subcontracts for those items
of work as shown in Exhibit G to this Agreement.
Compensation for this subconsultant work shall be
based on the cost factors shown on Exhibit G, at-
tached hereto and by this reference made a part of this
AGREEMENT.
The work of the subconsultant shall not exceed its
maximum amount payable unless a prior written
approval has been issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -
salary costs and fixed fee costs for the subconsultant
shall be substantiated in the same manner as outlined
in Section V. All subcontracts exceeding $10,000 in
cost shall contain all applicable provisions of this
AGREEMENT.
The CONSULTANT shall not subcontract for the
performance of any work under this AGREEMENT
without prior written permission of the AGENCY. No
permission for subcontracting shall create, between
the AGENCY and subcontractor, any contract or any
other relationship.
VII
EMPLOYMENT
The CONSULTANT warrants that he/she has not
employed or retained any company or person, other
than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this contract, and
that it has not paid or agreed to pay any company or
person, other than a bona fide employee working
solely for the CONSULTANT, any fee, commission,
percentage, brokerage fee, gift, or any other consider-
ation, contingent upon or resulting from the award or
making of this contract. For breach or violation of this
warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability, or in its discre-
tion, to deduct from the AGREEMENT price or
consideration or otherwise recover the full amount of
such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
Any and all employees of the CONSULTANT or
other,persons while engaged in the performance of
any work or services required of the CONSULTANT
under this AGREEMENT, shall be considered
employees of the CONSULTANT only and not of the
AGENCY, and any and all claims that may or might
arise under any Workmen's compensation Act on
behalf of said employees or other persons while so
engaged, and any and all claims made by a third party
as a consequence of any act or omission on the part of
the CONSULTANT's employees or other persons
while so engaged on any of the work or services
provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full or
part time basis, or other basis, during the period of the
contract, any professional or technical personnel who
are, or have been, at any time during the period of the
contract, in the employ of the United States Depart-
ment of Transportation, the STATE, or the
AGENCY, except regularly retired employees,
without written consent of the public employer of
such person.
VIII
NONDISCRIMINATION
The CONSULTANT agrees not to discriminate
against any client, employee or applicant for employ-
ment or for services because of race, creed, color,
national origin, marital status, sex, age or handicap
except for a bona fide occupational qualification with
regard to, but not limited to the following: employ-
ment upgrading, demotion or transfer, recruitment or
any recruitment advertising, a layoff or terminations,
rates of pay or other forms of compensation, selection
for training, rendition of services. The CONSULT-
ANT understands and agrees that if it violates this
provision, this AGREEMENT may be terminated by
the AGENCY and further that the CONSULTANT
shall be barred from performing any services for the
AGENCY now or in the future unless a showing is
made satisfactory to the AGENCY that discrimina-
tory practices have terminated and that recurrence of
such action is unlikely.
During the performance of this AGREEMENT, the
CONSULTANT, for itself, its assignees and
successors in interest agrees as follows:
A. COMPLIANCE WITH REGULATIONS: The
CONSULTANT shall comply with the Regula-
tions relative to nondiscrimination in the same
manner as in Federal -assisted programs of the
Page 3 of 8
Department of Transportation, Title 49, Code of
Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred
to as the Regulations), which are herein incorpo-
rated by reference and made a part of this
AGREEMENT. The consultant shall comply
with the American Disabilities Act of 1992, as
amended.
B. NONDISCRIMINATION: The CONSULTANT,
with regard to the work performed by it during the
AGREEMENT, shall not discriminate on the
grounds of race, creed, color, sex, age, marital
status, national origin or handicap except for a
bona fide occupational qualification in the selec-
tion and retention of subconsultants, including
procurements of materials and leases of equip-
ment. The CONSULTANT shall not participate
either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations,
including employment practices when the contract
covers a program set forth in Appendix II of the
Regulations.
C. SOLICITATIONS FOR SUBCONSULTANTS,
INCLUDING PROCUREMENTS OF MATERI-
ALS AND EQUIPMENT: In all solicitations
either by competitive bidding or negotiation made
by the CONSULTANT for work to be performed
under a subcontract, including procurements of
materials or leases of equipment, each potential
subconsultant or supplier shall be notified by the
CONSULTANT of the CONSULTANT's
obligations under this AGREEMENT and the
Regulations relative to nondiscrimination on the
grounds of race, creed, color, sex, age, marital
status, national origin and handicap.
D. INFORMATION AND REPORTS: The
CONSULTANT shall provide all information
and reports required by the Regulations, or
directives issued pursuant thereto, and shall
permit access to its books, records, accounts,
other sources of information, and its facilities as
may be determined by the AGENCY to be
pertinent to ascertain compliance with such
Regulations or directives. Where any information
required of the CONSULTANT is in the exclu-
sive possession of another who fails or refuses to
furnish this information the CONSULTANT shall
so certify to the AGENCY, or the United States
Department of Transportation as appropriate, and
shall set forth what efforts it has made to obtain
the information.
E. SANCTIONS FOR NONCOMPLIANCE: In the
event of the CONSULTANT's noncompliance
with the nondiscrimination provisions of this
AGREEMENT, the AGENCY shall impose
such sanctions as it or the Federal Highway
Administration may determine to be appropriate,
including, but not limited to:
1. Withholding of payments to the CONSULT-
ANT under the AGREEMENT until the
CONSULTANT complies, and/or
2. Cancellation, termination or suspension of the
AGREEMENT, in whole or in part.
F. INCORPORATION OF PROVISIONS: The
CONSULTANT shall include the provisions of
paragraphs (A) through (G) in every subcontract,
including procurements of materials and leases of
equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The CON-
SULTANT shall take such action with respect to
any subconsultant or procurement as the
AGENCY or the Federal Highway Administra-
tion may direct as a means of enforcing such
provisions including sanctions for noncompli-
ance; provided, however, that, in the event a
CONSULTANT becomes involved in, or is
threatened with, litigation with a subconsultant or
supplier as a result of such direction, the CON-
ULTANT may request the AGENCY to enter
into such litigation to protect the interests of the
AGENCY, and in addition, the CONSULTANT
may request the United States to enter into such
litigation to protect the interests of the United
States.
G. UNFAIR EMPLOYMENT PRACTICES: The
CONSULTANT shall comply with RCW
49.60.180.
Page 4 of 8
Ix
TERMINATION OF AGREEMENT
The right is reserved by the AGENCY to terminate
this AGREEMENT at any time upon ten days written
notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the
AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the
CONSULTANT as shown in Exhibit F for the type of
AGREEMENT used.
No payment shall be made for any work completed
after ten days following receipt by the CONSULT-
ANT of the Notice to terminate. If the accumulated
payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would
be due computed as set forth herein above, then no
final payment shall be due and the CONSULTANT
shall immediately reimburse the AGENCY for any
excess paid.
If the services of the CONSULTANT are terminated
by the AGENCY for default on the part of the CON-
SULTANT, the above formula for payment shall not
apply. In such an event, the amount to be paid shall be
determined by the AGENCY with consideration
given to the actual costs incurred by the CONSULT-
ANT in performing the work to the date of
termination, the amount of work originally required
which was satisfactorily completed to date of termina-
tion, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination;
the cost to the AGENCY of employing another firm
to complete the work required and the time which
maybe required to do so, and other factors which
affect the value to the AGENCY of the work per-
formed at the time of termination. Under no
circumstances shall payment made under this subsec-
tion exceed the amount which would have been made
using the formula set forth in the previous paragraph.
If it is determined for any reason that the CONSULT-
ANT was not in default or that the CONSULTANT's
failure to perform is without it or it's employee's fault
or negligence, the termination shall be deemed to be a
termination for the convenience of the AGENCY in
accordance with the provision of this AGREEMENT.
In the event of the death of any member, partner or
officer of the CONSULTANT or any of its supervi-
sory personnel assigned to the project, or, dissolution
of the partnership, termination of the corporation, or
disaffiliation of the principally involved employee,
the surviving members of the CONSULTANT hereby
agree to complete the work under the terms of this
AGREEMENT, if requested to do so by the
AGENCY. The subsection shall not be a bar to
renegotiation of the AGREEMENT between the
surviving members of the CONSULTANT and the
AGENCY, if the AGENCY so chooses.
In the event of the death of any of the parties listed in
the previous paragraph, should the surviving members
of the CONSULTANT, with the AGENCY's concur-
rence, desire to terminate this AGREEMENT,
payment shall be made as set forth in the second
paragraph of this section.
Payment for any part of the work by the AGENCY
shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CON-
SULTANT for any breach of this AGREEMENT by
the CONSULTANT, or for failure of the CONSULT-
ANT to perform work required of it by the
AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitle-
ment to exercise those rights with respect to any
future act or omission by the CONSULTANT.
X
CHANGES OF WORK
The CONSULTANT shall make such changes and
revisions in the complete work of this AGREEMENT
as necessary to correct errors appearing therein, when
required to do so by the AGENCY, without additional
compensation thereof. Should the AGENCY find it
desirable for its own purposes to have previously
satisfactorily completed work or parts thereof
changed or revised, the CONSULTANT shall make
such revisions as directed by the AGENCY. This
work shall be considered as Extra Work and will be
paid for as herein provided under Section XIV.
Page 5 of 8
XI
DISPUTES
Any dispute concerning questions of fact in connec-
tion with the work not disposed of by AGREEMENT
between the CONSULTANT and the AGENCY shall
be referred for determination to the Director of Public
Works or AGENCY Engineer, whose decision in the
matter shall be final and binding on the parties of this
AGREEMENT, provided however, that if an action is
brought challenging the Director of Public Works or
AGENCY Engineer's decision, that decision shall be
subject to de novo judicial review.
XII
VENUE, APPLICABLE LAW AND
PERSONAL JURISDICTION
In the event that either party deems it necessary to
institute legal action or proceedings to enforce any
right or obligation under this AGREEMENT, the
parties hereto agree that any such action shall be
initiated in the Superior court of the State of Washing-
ton, situated in the county the AGENCY is located in.
The parties hereto agree that all questions shall be
resolved by application of Washington law and that
the parties to such action shall have the right of appeal
from such decisions of the Superior court in accor-
dance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal
jurisdiction of the Superior court of the State of
Washington, situated in the county in which the
AGENCY is located in. •
XIII
LEGAL RELATIONS AND INSURANCE
The CONSULTANT shall comply with all Federal,
State, and local laws and ordinances applicable to the
work to be done under this AGREEMENT. This
AGREEMENT shall be interpreted and construed in
accord with the laws of Washington.
The CONSULTANT shall indemnify and hold the
AGENCY and the STATE, and their officers and
employees harmless from and shall process and
defend at its own expense all claims, demands, or
suits at law or equity arising in whole or in part from
the CONSULTANT's negligence or breach of any of
its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to
indemnify the AGENCY and the STATE against and
hold harmless the AGENCY and the STATE from
claims, demands or suits based solely upon the
conduct of the AGENCY and the STATE, their
agents, officers and employees and provided further
that if the claims or suits are caused by or result from
the concurrent negligence of (a) the
CONSULTANT's agents or employees and (b) the
AGENCY and the STATE, their agents, officers and
employees, this indemnity provision with respect to
(1) claims or suits based upon such negligence, (2) the
costs to the AGENCY and the STATE of defending
such claims and suits, etc. shall be valid and enforce-
able only to the extent of the CONSULTANT's
negligence or the negligence of the CONSULTANT's
agents or employees.
The CONSULTANT's relation to the AGENCY shall
be at all times as an independent contractor.
The CONSULTANT specifically assumes potential
liability for actions brought by the CONSULTANT's
own employees against the AGENCY and, solely for
the purpose of this indemnification and defense, the
CONSULTANT specifically waives any immunity
under the state industrial insurance law, Title 51
RCW. The CONSULTANT recognizes that this
waiver was specifically entered into pursuant to the
provisions of RCW 4.24.115 and was the subject of
mutual negotiation.
Unless otherwise specified in the AGREEMENT, the
AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject
to the processing of an acceptable, supplemental
agreement, the CONSULTANT shall provide on-call
assistance to the AGENCY during contract adminis-
tration. By providing such assistance, the
CONSULTANT shall assume no responsibility for:
proper construction techniques, job site safety, or any
construction contractor's failure to perform its work
in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force
during the terms of the AGREEMENT, or as other-
wise required, the following insurance with
companies or through sources approved by the State
Insurance Commissioner pursuant to RCW 48.
Page 6 of 8
Insurance Coverage
A. Worker's compensation and employer's liability
insurance as required by the STATE.
B. General commercial liability insurance in an
amount not less than a single limit of one million
and 00/100 Dollars ($1,000,000.00) for bodily
injury, including death and property damage
per occurrence.
Excepting the Worker's Compensation insurance and
any professional liability insurance secured by the
CONSULTANT, the AGENCY will be named on all
certificates of insurance as an additional insured. The
CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required
by this AGREEMENT. The AGENCY reserves the
right to require complete, certified copies of all
required insurance policies at any time.
All insurance shall be obtained from an insurance
company authorized to do business in the State of
Washington. The CONSULTANT shall submit a
verification of insurance as outlined above within
14 days of the execution of this AGREEMENT to
the AGENCY.
No cancellation of the foregoing policies shall be
effective without thirty (30) days prior notice to
the AGENCY.
The CONSULTANT's professional liability to the
AGENCY shall be limited to the amount payable
under this AGREEMENT or one million dollars,
whichever is the greater unless modified by
Exhibit H. In no case shall the CONSULTANT's
professional liability to third parties be limited in
any way.
The AGENCY will pay no progress payments
under Section V until the CONSULTANT has fully
complied with this section. This remedy is not exclu-
sive; and the AGENCY and the STATE may take
such other action as is available to them under other
provisions of this AGREEMENT, or otherwise in law.
XIV
EXTRA WORK
A. The AGENCY may at any time, by written order,
make changes within the general scope of the
AGREEMENT in the services to be performed.
B. If any such change causes an increase or decrease
in the estimated cost of, or the time required for,
performance of any part of the work under this
AGREEMENT, whether or not changed by the
order, or otherwise affects any other terms and
conditions of the AGREEMENT, the AGENCY
shall make an equitable adjustment in the
(1) maximum amount payable; (2) delivery or
completion schedule, or both; and (3) other .
affected terms and shall modify the AGREE-
MENT accordingly.
C. The CONSULTANT must submit its "request
for equitable adjustment" (hereafter referred to
as claim) under this clause within 30 days' from
the date of receipt of the written order. However,
if the AGENCY decides that the facts justify it,
the AGENCY may receive and act upon a claim
submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a
dispute under the Disputes clause. However
nothing in this clause shall excuse the CON-
SULTANT from proceeding with the
AGREEMENT as changed.
E. Notwithstanding the terms and condition of
paragraphs (a) and (b) above, the maximum
amount payable for this AGREEMENT, shall
not be increased or considered to be increased
except by specific written supplement to this
AGREEMENT.
XV
ENDORSEMENT OF PLANS
The CONSULTANT shall place his endorsement on
all plans, estimates or any other engineering data
furnished by him.
Page 7 of 8
XVI
FEDERAL AND STATE REVIEW
The Federal Highway Administration and the
Washington State Department of Transportation
shall have the right to participate in the review or
examination of the work in progress.
XVII
CERTIFICATION OF THE CONSULTANT
AND THE AGENCY
Attached hereto as Exhibit "A-1", are the
Certifications of the Consultant and the Agency,
Exhibit "A-2" Certification regarding debarment,
suspension and other responsibility matters - primary
covered transactions, Exhibit "A-3" Certification
regarding the restrictions of the use of Federal funds
for lobbying, and Exhibit "A-4" Certificate of Current
Cost or Pricing Data. Exhibits "A-3" and "A-4" are
only required in Agreements over $100,000.
XVIII
COMPLETE AGREEMENT
This document and referenced attachments contains
all covenants, stipulations and provisions agreed upon
by the parties. No agent, or representative of either
party has authority to make, and the parties shall not
be bound by or be liable for, any statement, represen-
tation, promise or agreement not set forth herein. No
changes, amendments, or modifications of the terms
hereof shall be valid unless reduced to writing and
signed by the parties as an amendment to this
AGREEMENT.
XIX
EXECUTION AND ACCEPTANCE
This AGREEMENT may be simultaneously executed
in several counterparts, each of which shall be
deemed to be an original having identical legal effect.
The CONSULTANT does hereby ratify and adopt all
statements, representations, warranties, covenants,
and agreements contained in the proposal, and the
supporting materials submitted by the CONSULT-
ANT, and does hereby accept the AGREEMENT and
agrees to all of the terms and conditions thereof.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first
above written.
By
Consultant
By
' x2(.42 'NS (j1k.A. cr MI neer Agency
Page 8 of 8
C/Yy OF
CITY CONTRACT NO:
RESOLUTION NO:
Exhibit A-1
Certification Of Consultant
Project No.
Local Agency City of Yakima
I hereby certify that I am James S. Guarre
representative of the firm of BERGER/ABAM Engineers, Inc.
and duly authorized
whose address is
33301 Ninth Avenue South, Suite 300, Federal Way, WA 98003 and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any
firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to
solicit or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or to retain the services of
any firm or person in connection with carrying out the contract.
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution donation or consideration of any kind for, or in
connection with procuring or carrying out the contract; except as here expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of Washington and
that the firm is in full compliance with the requirements of the board of Professional Registration.
I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal
Highway Administration, U.S. Department of Transportation, in connection with this contract involving
participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil.
Date
Certification of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Yakima Washington
and that the above consulting firm or their representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this contract to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of
any kind, except as here expressly stated (if any).
I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of
Transportation, in connection with this contract involving participation of Federal aid highway funds and it
subject to applicable State and Federal laws, both criminal and civil.
fc, 3 -ZOO
Date
4),1 •
Signature
Exhibit A-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters -Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission or fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public
transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,
state, or local) with commission of any of the offenses enumerated in paragraph 1.b. of this certification;
and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (federal, state, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): BERGER/ABAM Engineers, Inc.
C�-moo --o3
(Date)
w-� Sedr• war NIP
(Signatures President or Authorized Official of Consultant
Exhibit A-3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with
the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a member of Congress,
an officer or employee of Congress, or an employee of a member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm): BERGER/ABAM Engineers, Inc.
(Date)
(Signature) President or Authorized Official of Consultant
Exhibit A-4
Certificate of Current Cost or Pricing Data
This is to verify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4)
submitted, either actually or by specific identification in writing, to the contracting officer or to the
contracting officer's representative in support of the proposal Exhibit D
* are accurate, complete, and current as of May 9, 2003 **. This certification includes
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
Firm BERGER/ABAM ngineers, Inc.
Name James S. Guarre
Title Senior Vice Preside
Date of Execution*** Cn — CO d
* Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the appropriate identifying number (e.g., RFP No.).
** Insert the day, month, and year when price negotiations were concluded and price agreement
was reached.
*** Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
EXHIBIT B
SCOPE OF WORK, PHASE 2
INTRODUCTION
This scope of work will develop the design, right-of-way, and environmental documentation for the B
Street and Lincoln Avenue Grade Separations as described in the project's design report dated
January 2003. This project requires the grade separation to accommodate the three lanes and
sidewalks for each of B Street and Lincoln Avenue. It further requires the reconstruction of Front
Street from approximately Yakima Avenue to D Street accommodating two lanes with sidewalks
with some on -street parking.
PURPOSE AND SCOPE
This scope of work describes Phase 2 of BERGER/ABAM Engineers Inc. (BERGER/ABAM) services.
Phase 2 will further the design of the planned Grade Separations at B Street and Lincoln Avenue, as
shown in the project design report, into intermediate design engineering, the environmental
document, and the preparation of the plans, specifications, and engineer's estimate by performing
final design and mitigation planning and design. Phase 2 includes additional project administration,
development of the environmental permits, and preconstruction support services. Phase 2 may
include a value engineering study pending project funding by the Washington State Transportation
Improvement Board (TIB). Phase 3 may include construction support administration and services as
requested by supplement to the contract by the City.
PROJECT GOAL/DESCRIPTION
The primary goal of this project is to improve east -west mobility across the Burlington Northern
Santa Fe Railroad (BNSF). The goal will be achieved by providing grade separations under the
existing BNSF railroad tracks and grade separating Front Street with B Street and Lincoln Avenue.
APPROACH
Throughout the project, BERGER/ABAM will operate in a manner similar to the City of Yakima
while preparing all required work products. As is the practice within the City, the City will provide
support services to BERGER/ABAM as described in the following text. BERGER/ABAM will
cooperate and coordinate with the City's project engineer and other City personnel as necessary to
facilitate the development of the project.
ASSUMPTIONS
This scope of services for the preparation of the Intermediate Design; NEPA EA; and plans,
specification, and engineer's estimate (final design) has been developed under a set of assumptions
listed throughout this scope. The attached project schedule reflects the time assumptions for
performing the work described in Tasks 1 through 13 and is considered an integral part of this scope
of services.
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-1 18 June 2003
SERVICES TO BE PROVIDED BY CITY
• The City will provide right -of -entry for surveyingand geotechnical explorations.
■ Throughout this scope of work, it is understood that the City will provide the consultant with one
set of consolidated review comments for each draft review round. The consultant will respond to
the comments and incorporate the agreed-upon resolution into the final document(s).
APPLICABLE STANDARDS AND REQUIREMENTS
All work will be performed in accordance with the procedures and requirements set forth in the
latest editions, amendments, and revisions of the following publications, where applicable. It is
assumed that City roadway standards and procedures will be followed. In areas not specifically
defined by City standards and procedures, the following publications will be used.
City of Yakima Publications
• Standard Specifications and Details
Washington State Department of Transportation Publications
• Design Manual
• Bridge Design Manual
• Standard Plans for Road, Bridge, and Municipal Construction
• Standard Specifications for Road, Bridge, and Municipal Construction
• Hydraulics Manual
• Highway Runoff Manual
• Standard Item Table
• Sign Fabrication Manual
• Local Agency Guidelines Manual
American Association of State Highway and Transportation Officials Publications
(AASHTO)
• Policy on Geometric Design of Highways and Streets
• Standard Specifications for Highway Bridges
• Guide for Highway Landscape and Environmental Design
• Roadside Design Guide
Any applicable AASHTO policy, where said policy is not in conflict with the standards of the
Washington State Department of Transportation (WSDOT) and has been promulgated prior to
execution of this scope of services.
United States Department of Transportation Publications
• Manual on Uniform Traffic Control Devices for Streets and Highways
• Highway Capacity Manual
BNSF Publications
• BNSF "Standard Plans for Trackwork"
• BNSF "Standard Construction Specifications"
• BNSF "Bridge Standards and Standard Plans"
City of Yakima • BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-2 18 June 2003
AREMA Publications
■ "Manual for Railway Engineering" Latest Edition 1999
SCOPE OF WORK
1. SURVEYING
BERGER/ABAM will perform a survey for the project. The limits of the survey are shown in
Figures 1 through 4. The tasks associated with those limits are as follows.
Area A — Within the limits of Area A (shown on Figures 1 and 2), BERGER/ABAM will perform
a planimetric survey (no elevations). This portion of the survey is to aid in
channelizing the detour route and for final channelization. All pavement markings
(including parking markings) will be surveyed within the traveled way. The edge of
the traveled way will also be surveyed. The edge of the traveled way is the edge of
paved surface useable for vehicle traffic (i.e., face of curb, edge of pavement, face of
building, etc.).
Area B — Within the limits of Area B (shown in Figures 2 and 3), BERGER/ABAM will perform
a topographic survey, including utility locating. A Digital Terrain Model (DTM) will
be prepared for this area. This portion of the survey is to prepare the basemap that
will serve as the basis of the design. The initial topographic survey will include a
Subsurface Utility Engineering (SUE) Level B survey. Level B involves the use of
surface geophysical techniques to determine the existence and horizontal position of
underground utilities. Later in the design, BERGER/ABAM will conduct a SUE
Level A survey. Level A involves the use of nondestructive digging equipment at
critical points to determine the precise horizontal and vertical position of
underground utilities, as well as the type, size, condition, material, and other
characteristics. Twenty potholes with an average depth of 5 feet 10 inches of asphalt
coring are assumed for the Level A effort.
Area C — Within the limits of Area C (shown in Figure 4), BERGER/ABAM will perform a
boundary survey to locate the limits of the right-of-way (ROW) of all the streets
marked in blue.
Area D — Within the limits of Area D (shown in Figure 4), BERGER/ABAM will perform a
boundary survey to locate the limits of the ROW of the three alleys shown in red.
These alleys are shown as City ROW on the County Assessor's maps, but may have
been vacated to private ownership. BERGER/ABAM will determine if these are City
ROW or private ownership and will provide legal evidence for whichever they are
determined to be.
Area E — Within the limits of Area E (shown in Figure 4), BERGER/ABAM will perform a
boundary survey to locate the property limits of the properties shown in green. Plats,
recorded surveys, assessor's maps, field surveys, and whatever else is needed will be
employed to determine these property lines.
Deliverables
1. DTM) — A DTM will be prepared covering Area B listed above. Contours will be plotted
at 1 -foot intervals. The DTM will be prepared in Autodesk Land Desktop 3 format
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-3 18 June 2003
2. Basemaps — Basemaps will be prepared covering Areas A though E listed above.
Basemaps will be in AutoCAD 2000 format showing all topographic features, utilities,
property and ROW lines, and contours. Upon completion of all items above except for the
SUE Level A utility locates, draft basemaps and DTM will be submitted for review.
Review comments will then be addressed and final basemaps and DTM prepared later in
the design following SUE Level A locates. Basemap layering will be per the APWA
layering standards (shown in Figure 5).
The basic assumptions for developing the surveying scope of work are:
■ BERGER/ABAM will prepare right -of -entry permits as needed to be signed by the City
except for the railroad right -of -entry which will be signed by the railroad. Areas within
locked fences will not be surveyed.
• BERGER/ABAM will provide flaggers and traffic control for the survey as needed. No
more than one lane will be closed at any time. BERGER/ABAM will obtain approval from
the City prior to closing any lanes for surveying.
2. GEOTECHNICAL ENGINEERING
Preliminary characterization of soils at the site during Phase 1 was prepared by
BERGER/ABAM. BERGER/ABAM will obtain borings and provide actual subsurface study
within the project limits. BERGER/ABAM will perform the following scope of geotechnical
services for intermediate and final design.
A. Drill an additional four borings to characterize the subsurface conditions at the site. The
eight borings done during Phase 1 are assumed to be adequate to complete 60 percent
design and likely the entire design of the underpasses. The four proposed borings will be
done later in the design to support utility, storm drainage, signal, and other designs
away from the borings done at B and Lincoln. Monitoring wells will not be installed
assuming the City will continue to take monthly readings at the two monitoring wells
installed in Phase 1. Three of the four proposed borings will be 15 feet deep and the
fourth will be 60 feet deep.
In addition, geotechnical test pits will be excavated to 25 feet deep or as deep as is
logistically and safely possible, whichever is deeper. The areas for the two test pits will
be as described in Property/Access Assumption No. 2 (two areas roughly 110 feet square
each). The entire test pit excavation will be videotaped. Digital photos will be taken of
all cobbles and boulders over 12 inches in any direction with a reference tape measurein
the photo. BERGER/ABAM will invite several contractors believed to be capable of seal
and wall work in this project to witness the excavation of the test pits. Samples of the
excavated material will be taken as deemed appropriate.
The test pit will be backfilled with the excavated material and compacted as necessary to
be returned to use as a parking lot. The water -settling approach will be used to compact
the backfill using the excavated material. A minimum 6 inches of gravel base and 4
inches of asphalt pavement Cl. B will cover the area. Existing drainage patterns and
features will be restored.
B. Perform laboratory tests on selected samples. BERGERIABAM will complete natural
water content determinations, grain size analyses, and Atterberg Limits to determine the
index properties of the subsurface soils at the site. BERGER/ABAM will complete
consolidation and triaxial strength tests (unconsolidated, undrained and consolidated,
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-4 18 June 2003
undrained triaxial tests) on selected soil samples to measure their engineering
properties.
C. Revise the existing subsurface profiles as needed.
D. Expand on the original engineering studies, as required, to support the intended
construction methods described in the design report. Engineering recommendations will
also be required in support of utility designs (including force mains), signal foundations,
track foundations, and infiltration design.
E. Review and provide assistance with preparing the geotechnical portions of the plans and
specifications. BERGER/ABAM will provide consultation, as requested, to assist with
preparing the engineer's estimate.
F. Attend four geotechnical review meetings.
G. Two additional draft reports will be prepared. The first will be submitted after the test
pits and will include all engineering recommendations for designing the underpasses.
The second will be submitted after the 60 percent design and additional borings and will
include all engineering recommendations. A final report will be prepared after the
design is complete and the contract is being prepared for bidding.
H. BERGER/ABAM will conduct both a Phase 1 and Phase 2 environmental site assessment
and prepare draft and final reports. Both phases will be contained in the same report.
Samples for the Phase 2 assessment will be taken during excavation of the test pits.
3. PERMITTING, SPECIAL STUDIES
A. Environmental Justice
Identification of local populations that conform to U. S. Department of Transportation
definitions for "minority" and "low-income" would be provided. Methods for identification
include examination of current census information and discussion with local agencies (for
example, planners, social service providers, school district officials), but would not include
door-to-door visits in the project area. This review would also include a comparison of
demographic information of the people within the study area to larger City populations to
determine if any special populations reside within the project limits that exceed the
characteristics of the City as a whole.
Based on this research, the absence or presence of special population groups will be
documented. If such groups are present in the project area, potential impacts, including the
possibility for disproportionate adverse impacts, on these populations would be evaluated
consistent with Title VI of the Civil Rights Act of 1964. Mitigation measures for such impacts
would be identified.
B. Water Quality
Refer to 7. Intermediate Design, Item D. Drainage for Water Quality.
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-5 18 June 2003
C. Cultural Resources
Review available information and perform a site reconnaissance to identify possible impacts to
historic resources and possible associated mitigation requirements for the alternative being
considered.
BERGERJABAM will perform all of the following.
Conduct a historic resource inventory and prepare a technical report in accordance with
applicable Washington State Office of Archaeology and Historic Preservation (OAHP) and
U.S. Secretary of Interior standards. The inventory and report will cover study area defined
by the City based on their preliminary delineation of a proposed Area of Potential Effects
(APE). As additional project details are defined, the City may make adjustments to finalize
the proposed APE. The inventory and report will be used in partial fulfillment of Section 106,
State Environmental Policy Act (SEPA), and other regulatory requirements.
Assemble this material into a draft cultural resources report. Provide eight copies of the
draft document to the City for review. Finalize the report based on one round of City
reviews and submit eight copies of the final cultural resources report.
D. Section 4(f)
Recreational facilities, including parks and trails within the project area would be identified.
Special consideration would be given to resources that qualify as Section 4(f) facilities.
Potential impacts to recreational facilities during and after construction would be evaluated,
including access to, and the usability and integrity of,existing and proposed facilities.
Mitigation measures would be identified.
E. Land Use Economics
1) Land Use: Evaluate existing land uses along both sides of the project corridor.
Direct and indirect impacts resulting from road improvements under each
alternative would be evaluated. Existing and proposed land uses and current
zoning in the project area would be identified. Generally, this includes a site visit
to the project area to verify existing land uses and written analysis of potential
project impacts and mitigation measures. This would also include impacts related
to residential or business displacements or relocations, access disruptions, and
ROW needs. Coordination with the City and adjacent jurisdictions in identifying
future (proposed) land uses in or near the project area would be needed. A zoning
map and/or existing land use map will be prepared.
2) Review local plans and policies to determine the proposed consistency of the project
with comprehensive plan, zoning ordinance, sensitive areas ordinance, and other
relevant regulations. This requires coordination with the City to identify
appropriate plans and policies to be analyzed. This analysis may be summarized
within the Land Use discussion under separate heading of "Relationship to Plans
and Policies."
3) Social Elements: Evaluation of potential changes in neighborhood cohesion and
community character as a result of possible splitting of neighborhoods, isolation of
a portion of an existing neighborhood, and the appearance of incompatible
development within a neighborhood. Identify mitigation measures to avoid or
reduce potentially significant short- and long-term impacts.
City of Yakima BERGER/ABAM, A01083
'Scope of Work, Phase 2 Exhibit B-6 18 June 2003
Visual Quality: Analysis of' potential visual impactsof the proposed project will be
provided. A general assessment of project impacts on viewers in the project area
will be made. One field visit will be made to define the visual environment and
identify sensitive viewer groups based on a representative number, location, and
duration of visually sensitive viewpoints. Photographs of key views from these
viewpoints will be provided. A general, qualitative discussion of visual impacts
both during construction and operation of the proposed project will be provided.
This assessment would relate to impacts at key view locations and to specific
viewer groups, and may include generalized discussion of how headlight light and
glare, highway lighting, or other lighting could affect local views and viewers.
Proposed mitigation measures, including potential landscape treatments, would be
discussed.
Economics: Existing economic conditions in the project area would be described
using current applicable information and data (such as number and type of
businesses, employment, property values, and tax base). Impacts of the proposed
project would be described, including construction -period economic impacts,
temporary and long-term changes in traffic associated with shopping patterns, loss
of businesses and jobs as a result of right-of-way acquisition, construction and long-
term employment, and business growth. Existing information would be used as
much as possible and a qualitative discussion of potential impacts would be
provided to the extent that such a description would be adequate. Measures to
mitigate significant adverse impacts on economic activity or employment would be
proposed.
Assemble this material into a draft business impact analysis. Provide eight copies of the
draft document to the City for review. Finalize the report based on one round of City
reviews and submit eight copies of the final socioeconomic assessment report.
F. Transportation Technical Study
Refer to 7. Intermediate Design, Item B. Traffic.
G. Air Quality
The purpose of the air quality analysis is to identify any significant impacts and
necessary mitigation measures, and to determine conformity with pertinent air quality
rules. The results of the analysis will be coordinated with the Yakima Clean Air
Authority and the Yakima Valley Conference of Governments and will be documented in
the environmental assessment (EA). It is assumed that no modeling will be needed for
this analysis. The traffic volumes to support this phase of work will be drawn from the
Traffic Impact Analysis and work efforts previously conducted under Phase 1 services.
H. Noise Study
The purpose of the traffic noise analysis is to evaluate traffic noise levels at sensitive receptors
near the project that would be potentially affected by traffic noise and to identify potential
mitigation measures. The traffic noise analysis will be developed in accordance with FHWA
guidance and the results will be included in the EA. It is assumed that no modeling will be
needed for this analysis The traffic volumes to support this phase of work will be drawn
from the traffic impact analysis and work efforts previously conducted under Phase 1
services.
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-7 18 June 2003
I. Environmental Assessment
The National Environmental Policy Act (NEPA) requires that public agencies review all
reasonable alternatives when proposing public projects.
For this project, BERGER/ABAM will prepare a narrow scope EA that will review only
those elements of the environment that are likely to be more than moderately impacted.
These elements will include those listed and defined above. Where possible,
environmental studies conducted under Phase 1 services will be used to prepare the EA,
such as the traffic impact analysis. The process with the agency and public input will
refine the scope. BERGER/ABAM will prepare draft and final EA along with appropriate
preliminary and final drafts of these documents.
Three public EA meetings will be held. Additional meetings will be with public agencies
having input to the project. The goal will be to narrow down the scope of the project
based on initial input from permitting agencies.
J. Permits
BERGER/ABAM will collect the necessary information required to complete the following
permits.
• Clearing and Grading
• NPDES
• Railroad Interrogatories
• Utility Agreements
• Others
K. Environmental/Permitting Assumptions
1) The consultant will be the primary liaison with the permitting agencies involved
with this project. The consultant will prepare all permit applications and obtain
the necessary City approvals and signatures. It is assumed that all permits can be
obtained within two years of notice to proceed.
2) Once the permit applications are submitted, the consultant will track the permit
process to completion. The City will be responsible for any fees associated with
obtaining permits, approvals, and agreements.
It is assumed that permit applications will be modified only twice, once to
incorporate City comments on the information and once to address permitting
agency comments. It is also assumed that the project will be advertised for
construction within six months of obtaining the permits.
4) Mitigation for impacts to cultural resources will not be required.
5) The consultant will obtain the NPDES permit for the project. A bid item will be
included for the contractor to prepare a stormwater pollution prevention plan in
accordance with the requirements of the NPDES permit.
6) Our current scope of work is based on the assumption that the soils and
groundwater underlying the site are not contaminated and do not require special
handling or disposal.
City of Yakima
Scope of Work, Phase 2
Exhibit B-8
BERGER/ABAM, A01083
18 June 2003
4. ENVIRONMENTAL SUPPORT
A. Permit Support
BERGER/ABAM will prepare permit applications for the project consistent with accepted
standards and regulations. BERGER/ABAM will prepare the following permit
applications.
■ Clearing and Grading — City of Yakima
▪ NPDES
• Utility Agreements
The basic assumptions to be used in the development of permit applications are
1) Four meetings with regulatory agencies.
2) Permit applications will be based on the final design report.
3) The City will submit the applications and pay all the necessary fees for permit
review and issuance.
B. Biological Review
BERGER/ABAM will obtain a listing of threatened/endangered species from the
U.S. Fish and Wildlife (USFWS) Service and National Marine Fisheries Service (NMFS)
in accordance with the Consultation requirements of Section 7 of the Endangered Species
Act. BERGER/ABAM will perform a.biological review of the project corridor.
The basic assumptions to be used in the biological review are as follows.
1) The review will be based on existing data and consultation with experts in the field.
2) The project will assume a finding of "No effect" with concurrence by the responsible
agencies; no formal consultation is anticipated.
C. NEPA Environmental Assessment
BERGER/ABAM will prepare an Environmental Assessment in accordance with the
National Environmental Policy Act.
D. SEPA Compliance
BERGER/ABAM will complete the SEPA adoption documentation and submit a copy to
the City for review and adoption.
5. RAILROAD COORDINATION
A. Railroad Construction Agreements and Easements
BERGER/ABAM will assist in preparing draft agreements between the City of Yakima
and BNSF for this project. BERGER/ABAM will identify limits of construction to
determine temporary and permanent easements. BERGER/ABAM will prepare draft
construction and maintenance agreements and easements with BNSF. BERGER/ABAM
City of Yakima BERGER/ABAM, A01083
Exhibit B-9 18 June 2003
Scope of Work, Phase 2
will coordinate with the railroads, participating in up to four meetings with the City and
the railroads. It is anticipated that construction agreements/easements will include
applicable utility relocations.
B. Right -of -Entry Permits
BERGER/ABAM will obtain railroad right -of -entry permits from the BNSF for additional
survey work, field reviews, and geotechnical investigations.
C. Safety Training
BERGER/ABAM will provide a 4 -hour class for project team members in Federal Railway
Administration (FRA) Track Workers safety rules that are applicable to BNSF right-of-
way. City personnel will also be trained in FRA Track Workers safety rules.
D. Approval of Bridges
BERGER/ABAM will obtain written approval of the plans from BNSF.
6. PUBLIC INVOLVEMENT
A. Public Involvement Plan
BERGER/ABAM will prepare a plan to establish procedures for working with the public.
The plan will outline how information will be presented to the public and how input from
the public will be collected, reviewed, and addressed. The main elements of the plan will
be a mailing list, newsletters, open house/public meetings and City Council study
sessions/presentations. A report summarizing the public's involvement will be prepared.
B. Mailing List
BERGER/ABAM will work with the City to assemble a mailing list of people and
businesses within 300 feet of the project boundaries. In addition, any person or business
that would likely be affected by or have input to the design of the project will be included.
For purposes of this scope, the mailing list will be assumed to have 200 addresses. The
mailing list will be updated throughout the project to include additional people and
organizations with an interest in the project.
C. Newsletters
BERGER/ABAM will prepare three newsletters. The newsletters will be distributed
within two weeks prior to each of the open house/public meetings. The content will be
status of the project, discussion of project development, and an agenda for the upcoming
meeting. The City will approve the newsletters and BERGER/ABAM will produce the
newsletters, make copies, and mail them.
D. Open House
An open house will be organized to update the public with the project. Open houses will
be held in conjunction with public meetings with the first scheduled within two months
after the kickoff meeting for Phase 2. The open house will have no formal agenda.
Instead, there will be displays, handouts, and City and BERGER/ABAM personnel to
answer questions. BERGER/ABAM will prepare the displays and handouts, attend the
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-10 18 June 2003
open house, serve as lead at the open house, and prepare summary notes. The City will
arrange for the meeting facility and approve displays and handouts.
E. Public Meetings
Three public meetings will be held during Phase 2. The first will take place to present
the preferred project alternative. The second will be when the design has been more
defined (at the intermediate design level, 60 percent). The third meeting will be to
present and discuss the environmental document and the studies that have been
prepared to support the EA. These meetings will have an agenda and formal
presentations. The meetings will attempt to address public concerns while taking note of
new public concerns and comments. BERGER/ABAM will prepare displays and
handouts, serve as lead for the meeting and presentation, present technical portions of
the presentation, and prepare meeting minutes. The City will arrange for the meeting
facility and approve displays and handouts.
F. Project Guidance Team/Citizen Advisory Group (PGT/CAG)
Meetings will be held periodically during the development of the design, the
environmental document and the ROW plan to ensure compliance with project funding
partners, as well as with public agencies that have review authority over the project. In
addition, the Citizen's Advisory Group will be briefed regarding the development of the
project in order to present and discuss options available to the team in addressing the
development of the project. These meetings will be held together or separate depending
on the subjects to be discussed. These meetings will assist the team in remaining focused
on developing a project that will be both acceptable to the public agencies and the
citizens of the city.
7. INTERMEDIATE DESIGN
A. Roadway Improvements
BERGER/ABAM will develop a horizontal and vertical alignment for the new roadway
section. For purposes of this scope, the vertical alignment in the design report will be
considered. The vertical alignment will go under the railroads. Plan and profile sheets
will be prepared for the recommended alignment option. Separate sheets will prepared
to show preliminary ROW information, including construction easements.
Typical roadway sections will be generated on one sheet. Proposed roadway templates
will be plotted at 25 -foot intervals on existing cross sections for the streets. Retaining
wall heights, locations, and types will be determined from the cross sections and
geotechnical recommendations.
Traffic
Present and future levels of service and appropriate intersection geometry will be.
included in this project. We anticipate some modifications to existing. intersections at 1st
Street, 1st Avenue, 3rdAvenue, and Front Street with both B Street and Lincoln Avenue.
Changes will also be made to A Street, transforming the one-way A Street to two-way
traffic.
A traffic analysis will be prepared to determine theappropriate design parameters for
the traffic control at intersections. The City will provide basic traffic modeling services
City of Yakima
Scope of Work, Phase 2
BERGERJABAM, A01083
Exhibit B-11 18 June 2003
as currently exists from the City's Transportation Model. BERGER/ABAM will provide
any additional traffic modeling services. BERGER/ABAM will evaluate,traffic conditions
at appropriate locations along the project for current year and a 20 -year design period.
BERGER/ABAM will develop traffic control plans along the proposed roadway alignment
in enough detail to determine what traffic control measures will be necessary during
construction. The four stages of construction shown in the design report will each need a
separate traffic control plan. Traffic control measures will consist of lane closures, lane
narrowing, channelization modifications, road closures, signal modifications, signing,
detours, flagging, etc. The level of service will be determined during each of the stages at
the signalized intersections of B Street and Lincoln Avenue with 3rd Avenue, 1st Avenue,
and 1st Street. Simple graphics will be prepared and included in the preliminary plans
Preliminary illumination layout will also be included at this stage of the design.
C. Construction Phasing
A preliminary construction phasingplan will be prepared. This will contain conceptual
plans, sections, and details for the maintenance of traffic during construction and will
include adjacent property access as appropriate.
A preliminary construction phasing and railroad traffic control plan will be prepared.
This will contain conceptual plans, sections, and details for the maintenance of rail traffic
(potential railroad shoofly concept) on the BNSF.
D. Drainage
BERGER/ABAM will perform area hydrologic and hydraulic analysis. Storm drainage
design, including water quality, detention/infiltration, and temporary erosion and
sedimentation control, will be based on either City of Yakima standards or draft
Department of Ecology standards for eastern Washington or the WSDOT Hydraulics
Manual. Drainage basins will be identified from available City, County, U.S. Geological
Survey, and similar mapping. Runoff will be calculated for the design storm for each
basin using WaterWorks software, and will be based on existing and proposed land use.
Preliminary culvert and storm sewer sizing will be determined based upon the roadway
horizontal and vertical alignment concepts developed during preliminary design.
Backwater analysis will be conducted as required based upon potential for damage and
flooding.
A stormwater pumping system will be included as a part of the design. Each underpass
will have two pumps each capable of handling the 25 -year peak discharge for that
underpass. The two pumps will be designed to automatically switch off with each other
to balance the wear on the pumps and allow one to be maintained while the other is in
service. They will also be designed to both come on if the water level exceeds a certain
height. The 25 -year peak flow from each underpass is assumed to be 1,500 gpm. For
intermediate design, the pump stations will be detailed enough to determine the site
layout of all the manholes, vaults, controls, buildings, etc. and to accurately estimate the
pump station costs.
E. Utility Relocations
BERGER/ABAM will perform utility relocation design and coordination for utilities that
conflict with the underpasses and the realignment of Front Street. BERGER/ABAM will
prepare the design and contract documents for any sanitary sewer and water relocations.
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B•12 18 June 2003
BERGER/ABAM will coordinate the design of all other utilities and include the utility
designs (by others) in the contract plans.
F. Structures
It is assumed that all structures will be as outlined in the design report. The preliminary
design of diaphragm walls, jet grouted seals, and single cell precast, prestressed concrete
girders will be further refined in the intermediate design.
G. Environmental Considerations
Because this scope details both the environmental process and design of the mitigations
that result from that process, it is only possible to make assumptions about the
mitigations that will be included in the contract documents. For the purposes of this
scope, it is assumed the following mitigations will be included in the contract documents.
1) As mitigation for the loss of the full intersections of Front Street with B Street and
Lincoln Avenue, Front Street will be reconstructed from Yakima Avenue to A
Street. This reconstruction will include new curb and gutter, sidewalk, paving,
water, sanitary sewer and storm sewer lines, and new landscaping with irrigation.
2) As mitigation for the loss of access to the BNSF property between B Street and
Lincoln Avenue west of the tracks, a new remote-controlled gated access across the
tracks off Front Street will be designed.
3) As mitigation for the modification of access from B Street to Helliesen Lumber, a
parking area will be constructed on the east side of Helliesen Lumber and the
entrance to the store will be modified, including structural, electrical, and
mechanical modifications as needed.
4) As mitigation for losing loading -dock access for Sundquist Fruit off of Lincoln
Avenue, the at -grade access lane in that area will be modified to enable access to
the loading dock.
5) As mitigation for lost parking north of Grant's Pub due to the realignment of Front
Street, parking will be developed nearby in the vacated portions of Front Street.
6) As mitigation for lost access to the loading dock for Hollingberry and Son on
Lincoln Avenue, the 1st Avenue entrance will be modified to accommodate a new
loading dock, including interior modifications as needed to make the flow revised
flow pattern work.
For the purposes of this scope, it is assumed that an access between -the Track 29 Mall
parking lot and 1st Avenue will not be developed.
The mitigations listed above are only those that require design and construction and will,
therefore, be included in the contract documents. Additional mitigations are that only
required land use agreements are listed later in this scope under ROW.
H. Intermediate Design Submittal
BERGER/ABAM will produce an intermediate design submittal (60 percent) that will
summarize the development of the design during this period within Phase 2. Each of the
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-13 18 June 2003
above items will be covered with plan/profile sheets and detail sheets. BERGER/ABAM
will provide the City with 10 copies of the intermediate design submittal.
8. VALUE ENGINEERING (VE) STUDY SUPPORT
A. Project Overview
Two members of the project team will go over the project with the VE team at the
beginning of the VE study.
B. On -Call Support
The project team will be on-call to answer questions from the VE team.
C. Response to VE Study Comments
The project team will review all of the written comments in the VE study report and will
provide written responses to all of the comments.
9. PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)
A. Plans
BERGER/ABAM will prepare the final contract drawings indicated below. All drawings
will be prepared in AutoCAD 2002 and will use APWA layer naming conventions. Layer
coloring, text size and style, and line weights will be per BERGER/ABAM standards. All
drawings will be 34 inches wide by 22 inches high in order to have 17 -inch -wide by 11 -
inch -high, half-size copies. The border will be the City of Yakima standard border.
1) ROW Plans
BERGER/ABAM will prepare preliminary ROW plans for this project using
WSDOT standards. Using these plans, BERGER/ABAM will provide appraisal and
services for the properties required for purchase and/or easement.
BERGER/ABAM will also provide negotiation services for the properties to be
acquired or in need of an easement. When all negotiations are completed,
BERGER/ABAM will prepare one set of final ROW plans. The plans will include
existing property limits and new ROW limits and easement limits. Construction
easements will be presented on the street and/or railroad plan/profile sheets.
2) Title Sheet
A title sheet depicting the project name, vicinity map, index of drawings, City logo,
and other City information will be prepared for the project that addresses each
design element of the project.
3) General Notes, Abbreviations, and Legend
General notes associated with the project will be prepared. The drawing will depict
a legend, symbols, and abbreviations used in developing the street, storm drainage,
bridges, and other design elements of the project.
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-14 18 June 2003
4) Summary of Quantities
The contract will be a unit price contract. WSDOT standard items will be used as
much as possible. All bid items, including units and quantities, will be listed on the
Summary of Quantities sheet(s).
5) Construction Phasing Plans
BERGER/ABAM will prepare construction phasing plans depicting the major
phases of construction along with approximate durations, general traffic patterns,
and access revisions.
6) Detour Plans
Separate detour plans will be prepared for each of the four major construction
phases shown in the Design Report. Detour plans will include all required striping;
signing; illumination; and signalization additions, deletions, and modifications.
The limits of striping modifications are assumed to be 5th Avenue and 3rd Street
for B Street and Lincoln Avenue and A Street and D Street for 1st Street and 1st,
2nd, and 3rd Avenues. Signal modifications, including timing modifications, are
assumed to be required at the intersections of 1st Street, 1st Avenue, and 3rd
Avenue with B Street and Lincoln Avenue. All required detail drawings for
everything on the detour plans will be included. Barriers and other "quiet zone"
features will be included on B Street similar to those on D Street in conformance
with the whistle ban.
7) Construction Limits and Alignment Plans
These plans will give all the survey controls and alignment layouts for the
alignments to be used for construction. They will also give the contractor the limits
of the various easements and land use agreements to keep his work and staging
areas within.
8) Site Preparation and Temporary Erosion and Sedimentation Control (TESC) Plans
and Details
BERGER/ABAM will prepare site preparation plans, including all demolition items.
Also included will be intermediate site restoration and access modifications on
private property for different stages of work. Modifications to building interiors as
part of the mitigation will be included here. TESC plans will be prepared in
conformance with City standards and permits obtained for the project. Railroad -
related demolition will be covered on the Railroad Signal, Shoofly, and
Realignment Plans.
Typical Street Sections
Detailed typical street sections will be developed in accordance with the
preliminary roadway geometry and pavement design recommendations. Separate
street sections will be shown for each differing section of street. Typical street
sections will be referenced along the length of the proposed street improvements.
City of Yakima
BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-15 18 June 2003
10) Roadway Plans and Profiles
Roadway plans and profiles will be prepared in accordance with the approved
design report, intermediate design plans, and field data. The plans will depict the
surface geometry of the proposed construction. Screened base maps will be used to
depict existing conditions and topographic features. The roadway profile will depict
the centerline vertical alignment, original ground line, and other information.
11) Roadway and Miscellaneous Details
Roadway and miscellaneous design details will be prepared as necessary to depict
nonstandard items of construction not adequately detailed in the WSDOT or City
Standard Plans or on other drawings such as structures, traffic, utilities, etc.
Details may include rock facings, fencing, sidewalk details, etc.
12) Storm Drain and Utility Plans
The drainage design, as conceptualized in the design report and the stormwater
site plan, will be developed into the storm drainage plans. The drainage design will
define and locate the required storm drainage facilities. All known proposed
utilities will also be shown on these plans, including the franchise utilities based on
information provided by the franchise utility designers. Water and sewer lines will
be shown here to help visualize conflicts, but will be detailed on their own
drawings.
13) Storm Drain Profiles
The storm drainage profiles will depict pipe invert elevations, pipe slopes, pipe
sizes and lengths, pipe type, and structure type.
14) Drainage Details
Storm drainage details will be prepared as necessary to depict nonstandard items
of construction and those items not adequately defined or detailed in the WSDOT
or City Standard Plans. Details will include infiltration pond, trenching,
backfilling, etc.
15) Pump System Details
These plans will include all the plans, elevations, details, and sections necessary to
construct the pump system for both underpasses. The limits of the pump system
will be the outlets from the low catch basins within the underpasses to the outlet
from the pump system into the infiltration pond. Details of the pump system are to
be coordinated with the City of Yakima and are assumed to include the following.
■ One wet well for each underpass
■ Two pumps per wet well
• A single heated control building large enough to handle all the controls for the
system and a permanent auxiliary power generator
• Telemetry
City of Yakima BERGER/ABAM, A01083 •
Scope of Work, Phase 2 Exhibit B-16 18 June 2003
• A portable davit crane
• Yard lighting
16) Sewer and Water Plan, Profile, and Details
Existing water and sewer lines under B Street and Lincoln Avenue between .1st
Street and 1st Avenue and under Front Street between Yakima Avenue and D
Street will be relocated and/or replaced as needed or required by mitigation. It is
assumed the new lines will be the same size as the existing and no capacity design
will be required. It is also assumed that the lines will only be relocated once.
Water and sewer will be shown on the same plan and profile where feasible.
17) Final Configuration Traffic Plans
BERGER/ABAM will prepare traffic plans, including illumination, signalization,
striping, and signing for the final project configuration. These plans shall include
all plans and details necessary to construct these items of work, including
schematic wiring plans to be coordinated with the City's traffic engineer. Existing
illumination and signal conduits and wires will be located by field inspection of
junction boxes and cabinets and coordination with the City's traffic engineer.
Illumination design will include wall mounted luminaires within the underpass.
The design will be coordinated with the power utility owner to ensure adequate
power supply, as well as connection details. Striping details will include all areas
where striping was modified for the detours. Striping modifications will also
include parking markings. A Street will be modified for two-way traffic between
1st Street and Front Street. The signal at A Street and 1st Street will be modified
as needed for the change to two-way traffic. These items will be split up on the
drawings as necessary to clearly present the information.
18) Grading Plans
It is assumed that this project will not have grading plans. Elevations and contours
will be included as needed on the other drawings.
19) Landscape Plans
BERGER/ABAM will prepare landscape plans for the project. Landscaping will be
developed during Phase 2 in coordination with mitigation and permitting
requirements. It is assumed that Front Street will have new landscaping between
Yakima Avenue and A Street. All new landscaping within the ROW will have an
irrigation system.
20) Railroad Shoofly
BERGER/ABAM will design the railroad shoofly detour for this project. The track
design will conform to BNSF standards and AREMA recommended practices. It is
assumed that railroad forces will perform railroad construction above top of
subballast.
The assumed length of the shoofly is approximately 1,400 feet, extending
approximately 400 feet north and south of the grade separations. The top of rail
profiles will be similar to the existing profiles. No significant change in the profiles
City of Yakima
Scope of Work, Phase 2
BERGER/ABAM, A01083
Exhibit B-17 18 June 2003
is assumed. Coordinate geometry will be established for all curve data. The design
speed for the shoofly track alignments is 20 mph.
Recommendations by the geotechnical engineer for the project will be incorporated
in the grading design of the shoofly. Side slopes for the mainline will be based on
information and recommendations from the geotechnical investigation for this
project, but not steeper than 2:1.
Grading plans will be for construction of the embankment to the top of the
subballast and will include track plans for horizontal and vertical alignment and
cross sections. Grading plans will include 1 -inch = 20 -foot scale plan and profile
sheets for the track alignment. Typical section and cross section drawings
necessary to depict the relationship of the existing and final mainline embankment
slopes will be developed. Cross sections will be cut at 50 -foot intervals with 10
cross sections per sheet or as directed by BNSF and City. Additional cross sections
will be cut at each end of the bridge and at existing drainage structures.
Construction sequencing for the embankment and track will be coordinated with
the bridge construction and will be developed to minimize disruption to railroad
operations. The track will be designed to tie into the existing track with a "cut and
throw."
A new signal will be installed at the mainline crossing of B Street before B Street is
converted to two-way traffic. After Lincoln Avenue is closed, that signal will be
relocated to the future shoofly crossing of B Street. When the trains are switched
to the shoofly crossing of B Street, the crossing will be controlled for a short time by
the relocated Lincoln Avenue signal and one of the signals at the mainline crossing
location. During this short period, the unused signal at the mainline crossing will
be relocated to the shoofly crossing. When this is finished, the remaining mainline
crossing signal will be removed.
BERGER/ABAM will participate in up to two field check coordination meetings at
the project site with the City and BNSF.
Information and services to be provided by BNSF include
■ It is assumed BNSF will do all of the design work for the relocation and
installation of railroad signal crossings.
21) Bridges
BERGER/ABAM will design the four bridges for this project. Two bridges, one each
over B Street and Lincoln Avenue will be permanent railroad bridges. These two
bridges will be identical and will carry two tracks. The existing mainline track will
remain on its horizontal alignment and the second track will be 15 feet center to
center to the west. Two more bridges, one each over B Street and Lincoln Avenue,
will be permanent roadway bridges. However, the roadway bridge over Lincoln
Avenue will temporarily carry the railroad shoofly. Because the railroad loading is
greater, the superstructure type will be the same as the railroad bridges. For
efficiency and in case a shoofly is needed in the future over B Street, the two Front
Street bridges will be identical. The bridges superstructure and substructure will
be designed in accordance with applicable requirements of the BNSF and
applicable provisions of the WSDOT Bridge Design Manual, AASHTO Standard
Specifications, and AREMA Manual for Railway Engineering.
City of Yakima •BERGER/ABAM, A01083
. Scope of Work, Phase 2 Exhibit B-18 18 June 2003
Bridge structures will be single -span structures. Bridge superstructures will
consist of simple span, precast concrete box girders. It is assumed that standard
box cross sections and details can be used. The bridge girders are supported by the
diaphragm walls at the north and south ends of the bridges. It is assumed that
stray current protection is not required. It is assumed that fascia girders or fascia
treatment of the bridge superstructures is not required.
The railroad bridges will have ballasted decks. The BNSF bridge will be designed
for 15 -inch -deep initial ballast and 24 -inch -deep total future ballast.
Live and impact loads for the railroad bridges will be Cooper E 80 loading with
diesel impact in accordance with the AREMA Manual for Railway Engineering.
Live and impact loads for the roadway bridge will be HS25 in accordance with
AASHTO and WSDOT practice.
Seismic design will be in accordance with the geotechnical engineering report for
this project; the AREA Manual for Railway Engineering and AASHTO Standard
Specifications for Highway Bridges.
Waterproofing will be incorporated in the design in accordance with railroad
standards. Handrailing is assumed to be standard steel pipe railing per BNSF
standards.
Bridge substructures consist of diaphragm walls at the abutments as presented in
the design report, the draft geotechnical report, and further developed in the
intermediate design for this project. BERGER/ABAM will coordinate the final
design, detailing, and special provisions with the geotechnical engineer prior to
finalizing the construction documents.
Waterproofing details, if any, and connections of the jet -grouted seal to the
abutment walls will be provided. Details of the fascia walls and other aesthetic
treatments of the exposed walls will be provided.
The railroad bridge design will require approval by BNSF. In particular, it is
anticipated that approval will be required for the diaphragm wall structures and
using the girders as compression struts for the abutment walls, if needed.
BERGER/ABAM will coordinate the review and approval process by the railroads.
22) Retaining Walls
BERGER/ABAM will prepare diaphragm wall design and construction plans for the
retaining walls along B Street and Lincoln. Accommodations will be addressed for
aesthetic treatments for the wall, as well as for the possibility of landscaped areas.
Any required struts between the walls will also be included.
23) . Mitigation Plans
It is anticipated that mitigation measures will be included in the plans as detailed
under 7. G. These plans will be included elsewhere throughout the drawings under
sections such as site preparation, utilities, landscaping, etc.
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-19 18 June 2003
B. Specifications
WSDOT Standard Specifications for Road, Bridge, and Municipal Construction will be
the standard specifications for this project. BERGER/ABAM will prepare special
provisions for construction of the roadway seal, roadway, storm drainage, diaphragm
walls, shoofly, railroad bridges, and other items of work as necessary.
BERGER/ABAM will incorporate the Bid Proposal into the Special Provisions package..
The City will provide the Contract Form, Bid Proposal Form, and Supplemental
Conditions to the WSDOT/APWA Standard Specifications in a computer format to
BERGER/ABAM. Only minor modifications to the Standard Specification and City
Supplemental Conditions are anticipated in. order to make them compatible for this
street/railroad grade separation improvement project.
C. Quantity and Cost Estimates
A final engineer's estimate for the probable construction costs will be prepared that lists
all of the project bid items in correct order, showing contract item number, unit of
measurement, estimated unit price, estimated quantity, and total estimated cost for each.
The total project cost will be shown on this estimate. This estimate will be used as the
basis of review for the lowest responsive bidder.
10. CONSTRUCTION SCHEDULE
BERGER/ABAM will furnish a bar -chart style construction time analysis to be used as the
basis for the time of completion for the construction project. The schedule will document
specific and identifiable construction tasks and assign durations for these tasks.
11. ROW APPRAISAL, ACQUISITION, AND COORDINATION
There will be multiple types of land use agreements for this project. These are listed below.
1. There will be three property acquisitions as follows.
• The property adjoining Front Street between Lincoln Avenue and D Street
• The property at the northwest corner of Lincoln Avenue and 1st Street
• A portion of BNSF property roughly bounded by Front Street, D Street, the tracks,
and A Street
• Additional properties, such as Helliesen Lumber, may also need to be acquired if it is
determined in section 3.E. Land Use Economics, that the businesses can not remain
viable, even with mitigation. (If this is necessary, the scope of work for the additional
acquisitions will be covered under a supplemental agreement).
2. There will be five business relocations as follows.
• The Goodyear business on the first property listed above for acquisition
• The fabrication business on the same property
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-20 . 18 June 2003
• The gas station and car wash on the second property listed above for acquisition
• The drive thru coffee business south of B Street between the tracks and 1st Avenue
(This business leases the land it's on and the land will not be acquired. Termination
or relocation of this lease is part of this relocation agreement.)
• The auto detail shop next to the coffee business (This business is owned by the: same
owner as the coffee business and also leases the land it's on. Termination or
relocation of this lease is part of this agreement.)
• Additional businesses, such as Helliesen Lumber, may also need to be relocated if it
is determined in section 3.E. Land Use Economics, that the businesses can not
remain viable, even with mitigation. (If this is necessary, the scope of work for the
additional relocations will be covered under a supplemental agreement).
3. There will be multiple construction and utility easements between the City and BNSF
(These will be on BNSF land immediately adjacent to B Street and Lincoln Avenue.)
4. There will be five agreements between BNSF and private parties other than the City.
These will be coordinated by BERGER/ABAM but all appraisals, offers, and/or
negotiations will be done by BNSF and the private parties.
• Access across BNSF property from D Street to the at -grade Lincoln Avenue service
road for Sundquist Fruit (This agreement may also involve Washington Fruit if they
already have a lease for this land.)
• Access off Front Street through new gate across railroad tracks and BNSF land
between B Street and Lincoln Avenue to maintain equipment for Hollingberry and
Son
• Termination and/or relocation of Washington Fruit lease of BNSF land being
acquired by the City for the realignment of Front Street. Land is presently being
used for pallet and bin rebuilding.
• Termination of Grant's Pub lease of BNSF land being acquired by the City for the
realignment of Front Street (Land is presently being used for parking that will be
replaced by parking on City property.)
• Use of BNSF land south of B Street for parking dedicated to Helliesen Lumber (This
agreement may also involve Del Matthews, who may already have a lease for this
land with BNSF.)
5. There will be an agreement between the City and the County for different uses at
different stages of construction, for the County land bounded by Front Street, Lincoln
Avenue, 1st Street and B Street. BERGER/ABAM will coordinate the agreements
between the City and the County, but it is assumed these agreements will be interlocal
agreements that will not require any formal ROW appraisal, negotiation, or acquisition
efforts on the part of BERGER/ABAM.
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-21
18 June 2003
BERGER/ABAM will perform the following tasks.
A. Complete Title Searches
1) Obtain and review preliminary title commitments on two parcels for standard
owner's coverage, including each listed exception.
2) Review each title exception with the City of Yakima to determine which exceptions
require removal, additional negotiations, or pose obstacles or delays to acquisition
process.
3) Provide the City with a parcel summary memo that lists all ownerships, title exceptions,
conflicting easements or rights of record, and comments or concerns for each parcel.
B. Preparation and Administration
1) Meet with the City of Yakima to obtain background on project, contracts, and
preferences.
2) Obtain legal descriptions and any needed parcel maps.
3) Prepare offer letter and acquisition documents on City of Yakima or WSDOT
standard forms in accordance with statutory requirements.
4) Prepare tracking and status documents in form satisfactory to City of Yakima.
5) Maintain records in accordance with statutory, regulatory, and policy
requirements.
6) Meet with City of Yakima representatives at least once a month, or as necessary to
discuss project progress and status.
C. Appraisal and Appraisal Review
1) Hire appraiser and review appraiser subconsultants.
2) Assign and manage appraisal and appraisal review process.
3) Coordinate appraisal and appraisal review delivery schedule.
4) Review appraisals and appraisal reviews.
5) Coordinate with City of Yakima on determinations of just compensation for all
parcels.
D. Negotiations
1) Negotiate for fee acquisitions on two total acquisition parcels in accordance with
state and federal statutes and regulatory requirements.
2) Negotiate as necessary with lien holders and easement holders to remove title
defects.
3) Maintain negotiator's log.
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-22 18 June 2003
E. Relocations
1) Prepare relocation plan for project in format acceptable to City of Yakima and
WSDOT, and in accordance with the Uniform Act and statutory and regulatory
requirements.
2) Work with City of Yakima to determine eligibility and statutory options for five
business relocations consistent with relocation plan.
3) Provide advisory services to displacees.
4) Manage relocation process to ensure coordination of activities.
5) Work with City of Yakima to establish cost reimbursement process.
F. Facilitate Closings
1) Work with Title Company to remove unacceptable exceptions and obtain title
policies.
2) Coordinate with escrow and facilitate closings.
3) Review closing statements and obtain City of Yakima signatures and approvals.
4) Prepare closing binders for each acquisition.
5) Deliver completed files and logs in form satisfactory to City of Yakima for necessary
state and federal approvals.
6) Provide certification advisory review services as necessary.
The work does not include 1) coordination on acquisition/eminent domain ordinance;
2) purchase prices, title policies, or closing costs; 3) rights of entry; and 4) survey. Fees quoted
for appraisal and appraisal review are subject to market conditions. If other tasks are required
to be performed, or there are changes in pertinent information, or if negotiations exceed the
industry standards for a good faith effort to negotiate (three to four in-person landowner
contacts), this shall be considered extra work.
Property/Access Assumptions
1. The Goodyear and Arco properties north of Lincoln Avenue will be purchased by the City
prior to the start of construction. Three businesses will be relocated as part of the
purchase. The existing structures and underground tanks on the Arco property will be
removed and the property decontaminated by the City prior to the start of construction.
The property will be backfilled and paved suitable for use as a parking lot by the City
prior tothe start of construction. The Goodyear building will remain during
construction, but will not be available for use by the Contractor.
2. Portions of the County property bounded by B Street, Front Street, Lincoln Avenue, and
1st Street will be available to the City for digging test pits and for use by the City's
contractor during construction. For the duration of the digging and backfilling of the test
pits (to be done by BERGER/ABAM), the City will have use of the western 150 feet of the
property, except for the existing building in the middle of the property. The actual area
of each of the test pits will be about 110 feet square in the northwest and southwest
City of Yakima BERGERJABAM, A01083
Scope of Work, Phase 2 Exhibit B-23 18 June 2003
corners of this property. BERGER/ABAM assumes that existing utilities will not
interfere with digging of the test pits at the two test pit locations. When the test pits are
completed, the western 150 feet will be returned to its pre-existing condition by
BERGER/ABAM for use again as a County parking lot. During construction of the
Lincoln Avenue underpass, the City will have use of the northern 110 feet of the property
for use by the City's contractor for field offices and staging. During construction of the B
Street underpass, the northern 110 feet will be returned to use as a County parking lot
and the City will have use of the southern 120 feet for use by the City's contractor. In
return for the use of these portions of the property during construction of the
underpasses, the City will allow the County to use the Arco property and the southern
100 feet of the Goodyear property for County parking.
3. Pedestrian and vehicle access to all adjacent properties will be maintained throughout
construction and in the final configuration. However, access will be modified as
described in the Access Management Investigation prepared during Phase 1 of this
project. Some properties will lose a portion of their existing access during construction
and/or in the final configuration.
4. Front Street will not be a through street during construction and will be local access only
between A Street and D Street.
5. ROW appraisals and negotiations will commence upon NTP or when directed by the City.
The City will inform BERGER/ABAM when they have secured funding for ROW
acquisitions and easements and that it is the City's desire to continue to move the project
toward construction.
12. SUBMITTALS, QUALITY ASSURANCE, AND PROJECT COORDINATION
A. Project Management/Workplans
BERGER/ABAM will prepare a workplan at the beginning of the project detailing all
phases of project management, such as schedule, deliverables, invoicing, and tracking.
BERGER/ABAM will manage the project to continuously monitor adherence to this plan
and keep the City updated.
B. Project Schedule and Updates
A project schedule will be prepared at the beginning of the project. This schedule will be
the basis for project tracking. It will be updated as necessary if there are changes to the
schedule.
It is anticipated that the project will take until May 2004 to prepare the PS&E, advertise,
and award. All tasks will be completed in accordance with the milestones shown below.
Biological Assessment mm/dd/yy
NTP for. PS&E mm/dd/yy
Right -of -Entry for Survey mm/dd/yy
Preliminary ROW plans mm/dd/yy
Comments on ROW Plans by City of Yakima mm/dd/yy
Biological Review mm/dd/yy
Final ROW Plans mm/dd/yy
60% Intermediate Design to City of Yakima mm/dd/yy
Comments on 70% PS&E by City of Yakima mm/dd/yy
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2
Exhibit B-24 18 June 2003
Permit Applications Complete
Permits Obtained
95% PS&E to City of Yakima
Comments on 95% PS&E by City of Yakima
100% PS&E to City of Yakima
C. Progress Reports
mm/dd/yy
mm/dd/yy
mm/dd/yy
mm/dd/yy
mm/dd/yy
Monthly invoices will be accompanied by a progress report describing the work performed
and remaining for each of the tasks described in this proposal.
D. Invoicing
Invoices will be prepared at the beginning of each month covering the previous month.
E. Project Team Coordination
BERGER/ABAM will be the City's single point of contact for all consultant coordination.
BERGER/ABAM will facilitate all coordination needed between subconsultants and
between subconsultants and the City.
F. Project Coordination with City
The following are anticipated meetings with the City of Yakima.
Meeting No.
Meeting No.
Meeting No.
Meeting No.
Meeting No.
Meeting No.
Meeting No.
Meeting No.
1: Project startup
2: Meeting to review City comments on ROW plans
3: Meeting to review City comments on Environmental Documents
4: Meeting to review VE comments
5: Meeting to review City comments on 60 percent submittal
6: Meeting to review City comments on permit applications
7: Meeting to review City comments on 95 percent submittal
8: An allowance for one additional meeting
G. Coordination with the PGT/CAG
See 6.F.
H. Site Visits
The project team will visit the site four times.
I. Intermediate Design (60 Percent) Submittal
The 60 percent submittal will indicate a substantial completion of the design of all the
major project elements. The roadway/civil design will be completed with the sizing and
design of drainage, utility relocations as available, stormwater management, and the
roadway seal. The railroad bridge design will include all foundations, walls, and
superstructures. BERGER/ABAM will supply 10 sets of half-size plans and cost estimate
to the City.
The 60 percent submittal will be reviewed and approved by BERGER/ABAM's project
manager prior to submittal to the City. BERGERJABAM will.coritinue working through
the City's review of the 60 percent submittal and will make changes as appropriate. It is
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-25 18 June 2003
assumed that the City's review comments will be returned to BERGER/ABAM within two
weeks of the submittal.
J. Quality Assurance
Quality assurance will be performed continuously throughout the project by the team
members. In addition, prior to the 95 percent submittal, experienced engineers and
managers that have not been involved with the project will perform independent reviews
of the entire PS&E.
K. 95 Percent Submittal
The 95 percent submittal will indicate full completion of the contract documents,
including quality assurance reviews. Design calculations will have been completed and
checked and a senior engineer who is not familiar with the project will have reviewed the
PS&E. This review will be focused on ensuring consistency between the designs of the
various disciplines and on the correctness and completeness of the plans and
specifications for bidding. BERGER/ABAM will provide 30 sets of half-size PS&E to the
City.
BERGER/ABAM will stop work on the project at the time of the 95 percent submittal. It
is assumed the City's 95 percent review comments will be returned to BERGER/ABAM
within three weeks of the submittal.
L. 100 Percent Submittal (Final Contract Documents)
After review comments have been received, BERGER/ABAM will incorporate those
comments as appropriate and prepare final contract documents for advertisement and
bidding. This submittal will consist of one full-size set of signed drawings on Mylar; one
half-size set of signed drawings; specifications and bidding documents in hard copy and
electronic format in Microsoft Word; a hard copy of the cost estimate; and all drawings in
electronic format in AutoCAD Release 2002.
M. Support During Ad, Bid, and Award
BERGER/ABAM will support the City of Yakima with phone consultations, meetings,
and preparation of written responses to contractor questions as required.
13. PRECONSTRUCTION AND CONSTRUCTION SERVICES
Prebid Meeting
BERGER/ABAM will have representatives from its design team for the railroad, structure and
roadway features attend a prebid meeting of contractors to answer questions and describe
project features. We will prepare bid addendum to clarify plans and answer construction
questions for distribution by the City to the meeting attendees.
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-26 18 June 2003
14 LIST OF DELIVERABLES
■ Master Project Schedule
■ Monthly Progress Reports
■ Project Meeting Minutes
■ Public Involvement Summary
■ Newsletters
• Survey
▪ Geotechnical Report
o Environmental Justice Documentation
o Cultural Resources Report
Socioeconomic Assessment Report
o Environmental Assessment
Environmental Mitigation Recommendations Report
▪ Clearing and Grading Permit Application
a NPDES
▪ Utility Agreement Exhibits
E Railroad Construction and Permanent Easements Exhibits
▪ City of Yakima and Railroads Agreements (Language and Exhibits)
O 60 Percent Submittal
▪ Value Engineering Response Report
E 95 Percent Submittal
o Right-of-way Plans
E Construction Contract Plans
El Construction Special Provisions and Bid Documents
• Engineer's Estimate for Construction Bid Review
City of Yakima BERGER/ABAM, A01083
Scope of Work, Phase 2 Exhibit B-27 18 June 2003
Figure 5
Survey Scope
Survey Points. Provided drawings usually contain all points collected by the survey field
crew. These points (nodes) are contained in layers ending in "-P" and are divided by
various classifications (see layer breakdown information below). Points can be displayed
by turning on and thawing the appropriate point layer.
Layer Breakdown. The APWA layering guidelines allow users to selectively
display/freeze information as required. The following is a guideline for understanding
the APWA layering convention:
ww-xxxx-y-z
ww = GS (gas)
OL (oil)
SF (surface feature)
SD (storm drain)
SS (sanitary sewer)
ST (steam)
SV (survey)
TF (traffic)
TL (telephone)
TV (television)
PO (power)
WA (water)
Layer Breakdown (continued). ww-xxxx-y-z
xxxx = ALIN (aerial line)
CHAN (channilization)
CNTL (centerline)
CONC (concrete)
CONT (contour)
CTRL (control)
CURB (curb)
BLDG (building)
BLIN (buried line)
BUSS (bus stop)
DECK (deck)
DOC (dock)
DTCH (ditch)
ESMT (easement)
FENC (fence)
FITT (fitting)
FHYD (hydrant)
1
Nx7MtlItinto
ro+
•
•••• ' "
1,1
e e 1,1
`..
Trek.c-k 5 krvey
Po;nt
-roe cc Raul
11111111111:iiii
it 0
1,01111111110111111
711Ir
\ 1
ob*1
Fi*c3
Srtrny S cope -
Ian Are-ct.. 8
Figure. 3
Sc4.r-tee• Scope.
off `Arecc.5
F ; u..r12._, if
S (AA— Ve.,y
C:=1 - At-era, c
1:=1 - Are...a- D
1:21 - Are-a. E
Figure 5
Survey Scope
GLIN (gravity line)
GRND (ground - spot elevation)
GRVL (gravel)
GURD (guard rail)
GUTR (gutter
MAIL (mail box)
METR (meter)
MISC (miscellaneous)
MTCH (match line)
PLIN (pressure line)
PSVP (paper space view port)
PROP (property line)
PVMT (pavement)
QSEC (quarter section)
RIVR (river)
RLRD (railroad)
ROCK (rock wall)
ROFW (right of way)
SIGL (signalization)
SIGN (sign)
SOIL (soil boring)
SECT (section)
STCR (structure)
TANK (tank)
VALV (valve)
VEGE (vegetation)
WALL (wall)
Layer Breakdown (continued). ww-xxxx-y-z
y = E (existing)
P (proposed)
C (calculated)
F (found)
Layer Breakdown (continued). ww-xxxx-y-z
z = L (line)
P (point)
S (symbol)
H (hatch)
Other layer names are generated as specifically needed or by CAD software. These other
layers' are usually named such that the purpose is self -descriptive.
2
Exhibit C-2
Payment
(Cost Plus Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or
services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work
specified in Section II, "Scope of Work. The CONSULTANT shall conform with the applicable portion of 48
CFR31.
A. Actual Costs
Payment for all consulting services for this project shall be on the basis of the CONSULTANT's actual cost
plus a fixed fee. The actual cost shall include direct salary cost, overhead, and direct nonsalary cost.
1. Direct Salary Costs
The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel
for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT.
2. Overhead Costs
Overhead costs are those costs other than direct costs which are included as such on the books of the
CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the
rate shown in the heading of this AGREEMENT, under "Overhead Progress Payment Rate." Total
overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three
options are explained as follows:
a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this
AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate
verified by audit up to the maximum percentage shown in the space provided. Final overhead payment
when accumulated with all other actual costs shall not exceed the total maximum amount payable
shown in the heading of this AGREEMENT.
b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to
reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change
during the life of the AGREEMENT.
A summary of the CONSULTANT's cost estimate and the overhead computation are attached hereto as
Exhibit D-.1 and by this reference made part of this AGREEMENT. When an Actual Cost method, or the
Actual Cost Not To Exceed method is used, the CONSULTANT (prime and all subconsultants) will
submit to the AGENCY within three months after the end of each firm's fiscal year, an overhead
schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose
of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress
payments during the following year and for retroactively adjusting the previous year's overhead cost to
reflect the actual rate.
Failure to supply this information by either the prime consultant or any of the subconsultants shall
cause the agency to withhold payment of the billed overhead costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The STATE and/or the Federal Government may perform an audit of the CONSULTANT's books and
records at any time during regular business hours to determine the actual overhead rate, if they so desire.
3. Direct Nonsalary Costs
Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may
include, but are not limited to the following items: travel, printing, long distance telephone, supplies,
computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class
levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at
the current rate approved for AGENCY employees and shall be supported by the date and time of each trip
with origin and destination of such trips. Subsistence and lodging expenses will be reimbursed at the same
rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the Project, shall
be an itemized listing of the charges supported by copies of original bills, invoices, expense accounts, and
miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting
documents shall be provided to the AGENCY upon request. All of the above charges must be necessary
for the services to be provided under this AGREEMENT.
4. Fixed Fee
The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this
AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee which could be
authorized from the Management Reserve Fund. This fee is based on the scope of work defined in this
AGREEMENT and the estimated man -months required to perform the stated scope of work. In the event
a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental
agreement may include provisions for the added costs and an appropriate additional fee. The fixed fee will
be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT
and reported in the monthly progress reports accompanying the invoices.
Any portion of the fixed fee earned but not previously paid in the progress payments will be covered in the
final payment, subject to the provisions of Section IX, Termination of Agreement.
5. Management Reserve Fund
The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement
Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $50,000
or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount
included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be
replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of
the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work."
6. Maximum Total Amount Payable
The maximum total amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT,
shall not exceed the amount shown in the heading of this AGREEMENT.
The Maximum Total Amount Payable is comprised of the Total Amount Authorized, which includes the
Fixed Fee and the Management Reserve Fund. The Maximum Total Amount Payable does not include
payment for extra work as stipulated in Section XIV, "Extra Work."
B. Monthly Progress Payments
The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the
calculated overhead and fee not more often than once per month during the progress of the work. Such
invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports
required under Section III, General Requirements, of this AGREEMENT. The invoices will be supported by
an itemized listing for each item including direct salary, direct nonsalary, and allowable overhead costs to
which will be added the prorated Fixed Fee. To provide a means of verifying the invoiced salary costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist
of recording the names, titles, and present duties of those employees performing work on the PROJECT at the
time of the interview.
C. Final Payment
Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly
upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are
required to be furnished under this AGREEMENT. Acceptance of such final payment by the
CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the
AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar
to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the
appropriateness of any item and that at the time of final audit, all required adjustments will be made and
reflected in a final payment. In the event that such final audit reveals an overpayment to the
CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within ninety (90)
days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any
claims relating to the validity of a finding by the AGENCY of overpayment.
D. Inspection of Cost Records
The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the
AGENCY and the United States, for a period of three years after final payment, the cost records and
accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the
following exception: if any litigation, claim, or audit arising out of, in connection with, or related to this
contract is initiated before the expiration of the three-year period, the cost records and accounts shall be
retained until such litigation, claim, or audit involving the records is completed.
EXHIBIT D-1 •
Analysis of Costs - BERGER/ABAM Inc.
Direct Salary Cost (DSC)
PERSONNEL Hours Pay Rate Cost
Project Executive 68 $ 62.50 $ 4,250
Project Manager 718 43.50 31,233
Project Engineer 1664 41.00 68,224
Senior Engineer 1936 27.60 53,434
Planner 80 35.50 2,840
Engineer/Technician 850 20.80 17,680
Gra ph ics/CADD 1838 24.90 45,766
Project Coordinator 68 20.30 1,380
Clerical 166 20.60 3,420
Direct Salary Cost Total 7388 $ 228,227
Salary Escalation @ 5% $ 11,411
Overhead Cost 158.23% of DSC $ 379,179
Net Fee 32.00% of DSC $ 76,684
SUBTOTAL $ 695,502
Reirribursables
Travel/Parking • $ 2,160
Reproduction/Postage 1,200
Public Meeting Graphics 1,500
BERGERIABAM SUBTOTAL
Subconsultants: (See Exhibit G)
SUBTOTAL 4,860
$ 700,362
Shannon & Wilson 7.0% Participation $ 87,394
Widener & Associates 12.0% Participation 150,237
TRANSPO 9.0% Participation 112,831
Huibregtse, Louman Associates 5.3% Participation 65,640
PHAROS 5.6% Participation 69,680
Kennedy/Jenks 5.1% Participation 63,856
SUBCONSULTANTS SUBTOTAL $ 549,638
GRAND TOTAL $ 1,250,000
6-17-03
Prepared By Date
EXHIBIT D-2
Reimbursables
Travel:
Mileage to Yakima, Subconsultant Offices; and Miscellaneous
12 months at 500 miles per month at $.36/mile
$2,160
Reproduction
Plan Review Sets and Misc. $1,200
Public Meeting Graphics $1,500
Exhibit D-3
Labor Hour Estimate (COST EST.)
Project Name: City of Yakima, B Street and Lincoln Avenue Grade Separations
Project No: FA PWT 01 083
Prepared By: CCW
Date: 17 -Jun -03
INTERMEDIATE & FINAL DESIGN , RIGHT-OF-WAY PLANS, AND ENVIRONMENTAL DOCUMENTATION
DESCRIPTION
PROJECT
EXEC
PROJECT
MGR
PROJECT
ENGR
SENIOR
ENGR
PLANNER
ENGR/TECH
GRAPHIC/CA
DD
PROJECT
-COORD
CLERICAL
TOTAL
SUB
TASK 1 FIELD SURVEYS
1.1. Planimetric Survey
0
HLA
1.2. Topographic Survey
0
HLA
1.3. SUE Level B
0
HLA
1.4. Boundary. Survey
0
HLA
1.5. Draft DTM and Basemap
0
HLA
1.6. SUE Level A
0
HLA
1.7. Final DTM and Basemap
0
HLA
1.8. Coordinate Field Survey
10
20
30
1.9 Review and Comment on DTM's and Basemaps
10
30
40
TOTAL ABAM FIELD SURVEYS HOURS
0
0
20
60
0
0
0
0
0
70
TASK 2: GEOTECHNICAL ENGINEERING
2.1. Review of Existing Information
0
SW
2.2. Develop Work plan
0
SW
2.3. Conduct Field Work
0
SW
2.4. Engineering Analyses/Develop Recommendations
0
SW
2.5. Meetings
0
SW
2.6. Project Management
0
SW
2.7. Draft Reports
0
SW
2.8. Final Report
0
SW
2.9. Coordinate Geotechnical Work
10
20
20
60
2.10. Review and Comment on Reports
10
40
20
70
TOTAL ABAM GEOTECHNICAL ENGINEERING HOURS
0
20
60
40
0
0
0
0
0
120
Exhibit D-4
Labor Hour Estimate (COST EST.)
DESCRIPTION
PROJECT
. EXEC
PROJECT
MGR
PROJECT
ENGR
SENIOR
ENGR
PLANNER
ENGR/ TECH
GRAPHIC/CA
DD
PROJECT
COORD
CLERICAL
TOTAL
SUB
TASK 3: PERMITTING, SPECIAL STUDIES
3.1. Environmental Justice
0
WA
3.2. Water Quality
0
WA
3.3. Cultural Resources
•
0
WA
3.4. Section 4(9
0
WA
3.5. Land Use Economics
0
WA
3.6. Transportation Technical Study
0
WA
3.7. Air Quality
0
WA
3.8. Noise Study
0
WA
3.9. Draft NEPA EA
0
WA
3.10 Permits
0
WA
3.11 Coordinate Permitting and Special Studies
10
10
10
10
40
3.12 Review and Comment on Reports
10
10
10
30
60
TOTAL ABAM PERMITTING AND SPECIAL STUDIES HOUR:
0
20
20
20
40
0
0
0
0
100
TASK 4: ENVIRONMENTAL SUPPORT
4.1. Permit Support
0
WA
4.2. Biological Review
0
WA
4.3. FONSI
0
WA
4.4. SEPA Compliance
0
WA
4.5. Coordinate Environmental Support
10
10
10
10
40
4.6. Review and Comment on Reports
10
10
10
30
60
TOTAL ABAM ENVIRONMENTAL SUPPORT HOURS
0
20
20
20
40
0
0
0
0
100
TASK 6: RAILROAD COORDINATION
5.1. Railroad Construction Agreements
40
60
20
20
10
30
180
5.2. Right of Entry Agreements
10
20
30
5.3. Safety Training
2
8
4
2
16
5.4. Approval of Bridges
10
40
4
6
60
TOTAL ABAM RAILROAD COORDINATION HRS
0
62
128
24
0
2
20
14
36
286
Exhibit D-5
Labor Hour Estimate (COST EST.)
DESCRIPTION
PROJECT
EXEC
PROJECT
MGR
PROJECT
ENGR
SENIOR
ENGR
PLANNER
ENGRITECH
GRAPHIC/CA
DD
PROJECT
COORD
CLERICAL
TOTAL
SUB
TASK 6: PUBLIC INVOLVEMENT
6.1. Public Involvement Pian
10
10
. 10
30
6.2. Mailing List
10
10
10
20
60
6.3. Newsletters
10
10
20
40
20
100
6.4. Open House .
10
20
20
40
'90
6.5. Public Meetings
20
40
40
80
180
6.6. PGT/CAG Meetings/Coordination
20
40
40
20
20
140
TOTAL ABAM PUBLIC INVOLVEMENT HOURS
0
70
130
130
0
0
180
10
70
690
TASK 7: INTERMEDIATE DESIGN
7.1. Roadway Improvements
10
10
40
40
20
120
7.2. Traffic
0
TR
7.3. Construction Phasing
4
10
40
20
20
40
134
7.4. Drainage
10
10
. 40
20
20
100
7.5. Pump System
0
KJ
7.6. Utility Relocations -
10
40
80
40
40
210
7.7. Structures
10
60
60
80
210
7.8. Environmental Considerations
10
40
60
60
60
230
7.9. Preliminary Est. of Probable Construction Costs
10
10
40
40
100
TOTAL ABAM INTERMEDIATE DESIGN HOURS
14
100
230
340
0
160
• 260
0
0
1104
TASK 8: VALUE ENGINEERING (VEP STUDY SUPPORT
8.1. Project Overview
4
4
8
8.2.0n -Call Support
10
10
10
30
8.3. Response VE Study Comments
10
20
20
10
60
TOTAL ABAM VALUE ENGINEERING STUDY SUPPORT HOURS/
0
24
34
, 30
0
0
10
0
0
98
Exhibit D-6
Labor Hour Estimate (COST EST.)
DESCRIPTION
PROJECT
EXEC
PROJECT
MGR
PROJECT
ENGR
SENIOR
ENGR
PLANNER
ENGR/TECH
GRAPHIC/CA
DD
PROJECT
COORD
CLERICAL
TOTAL
SUB
TASK 9: PLANS, SPECIFICATIONS, AND ESTIMATES
9.1. Right-of-way Plans
8
40
60
20
60
188
9.2. Title Sheet
2
4
8
4
8
26
9.3. General Notes, Abbreviations, and Legend
2
10
20
-
20
62
9.4. Summary of Quantities
2
4
•8
4
20
38
Construction Phasing Plans
2
8
20
20
20
70
.9.5.
9.6. Detour Plans
0
TR
9.7. Construction Limits and Alignment Plans
2
10
20
20
40
92
9.8. Site Preparation and TESC Plans and Details
2
40
80
40
40
202
9.9. Typical Street Sections
2
10
20
40
40
112
9.10. Roadway Plans & Profiles
2
10
40
40
60
162
9.11. Roadway, and Miscellaneous Details
2
10
40
40
40
132
9.12. Storm Drain and Utility Plans
2
20
80
40
80
222
9.13. Storm Drain Profiles
2
10
60
60
80
212
9.14. Drainage Details
2
10
40
40
60
162
9.15. Pump Station Details
0
KJ
9.16. Sewer and Water Plan, Profile and Details
8
20
60
60
100
248
9.17. Final Configuration Traffic Plans
2
10
60
60
100
232
9.18. Grading Plans
0
9.19. Landscape Plans
8
40
60
60
100
268
9.20. Railroad Shoofly
8
20
60
. 60
100
248
9.21. Bridges
2
60
80
80
222
9.22. Retaining Walls and Seal
8
120
120
120
368
9.23. Mitigation Plans
0
924. Specifications
10
20
40
80
40
190
925. Engineers Estimate •
10
20
20
40
40
130
TOTAL ABAM PLANS, SPECIFICATIONS 8 ESTIMATE HOURS
20
108
616
1066
0
648
1168
0
40
3666
TASK 10: CONSTRUCTION SCHEDULE
10.1. Construction Schedule
4
10
20
20
64
TOTAL ABAM CONSTRUCTION SCHEDULE HOURS
4
10
20
20
0
_ 0
0
0
0
54
Exhibit D-7
Labor Hour Estimate (COST EST.)
DESCRIPTION
PROJECT
EXEC
PROJECT
MGR
PROJECT
ENGR
SENIOR
ENGR
PLANNER
ENGR/TECH
GRAPHIC/CA
DD
PROJECT
COORD
CLERICAL
TOTAL
SUB
11:ROW APPRAISAL, ACQUISITION, AND COORDINATION
TASK
11.1. Complete Title Searches
0
PH
11.2. Preparation and Administration
0
PH
11.3. Appraisal and Appraisal Review
0
pH
Negotiations
0
PH
11.4.
Relocations
0
PH
11.5.
Facilitate Closing
0
PH
11.6.
11.7. Review Coordination
10
20
20
60
and
11.8. Coordinate Acquistion of BNSF Property
20
40
20
20
100
11.9. Coordinate Easements on BNSF Property
20
40
20
20
100
Coordinate Agreements between BNSF and Private Parties
40
60
40
40
180
11.10.
11.11. Coordinate Agreements between City and County
20
40
20
20
100
TOTAL ABAM ROW APPRAISAL, ACQUIST 8, COORD HOURS
0
110
200
120
0
0
100
0
0
630
12: SUBMITTALS, QUALITY ASSURANCE AND PROJECT COORDINATION
TASK
12.1. Project Management/Work plans
10
20
4
4
38
12.2. Project Schedule/Updates
10
20
4
4
38
12.3. Progress Reports
12
24
36
12.4. Invoicing
12
36
36
12
966
12.5. Project Team Coordination
12.6. Project Coordination with City
10
40
40
90
12.7. Coordination with the PGT/CAG
0
12.8. Site Visits
10
20
20
20
70
12.9. Intermediate Design Submittal
2
10
20
10
20
62
12.10. Quality' Assurance
10
40
40
90
12.11. 95 Percent Submittal
2
10
20
10
20
62
• 12.12. 100 Percent Submittal (Final Contract Documents)
10
20
20
60
12.13. Support During Ad, Bid, and Award
10
20
40
20
40
130
TOTAL ABAM MANAGEMENT HOURS
30
168
280
80
0
40
100
44
20
762
TASK 13: PRECONSTRUCTION AND CONSTRUCTION SERVICES
13.1 Prebid Meeting
6
6
6
18
- TOTAL PRECONST AND CONST SERVICES HOURS
0
6
6
6
0
0
0
0
0
18
BERGER/ABAM Engineers Phase 2 Total
68
718
1664
1936
80
860
1838
' 68
166
7388
Exhibit E
BERGER / ABAM ENGINEERS INC.
WSDOT FY 2002 AUDITED HOME OFFICE INDIRECT COST RATE
(2080 Basis)
In 000s
Allocation Base
Total Direct Labor
Indirect Costs
FY 2002
$5,274
Indirect Labor (Admin, Proposal, Negot) $2,756
Vacation, Holiday, Sick, Other Labor 835
Fringe Benefits 1,467
Administration Expense 590
Proposal Expense 191
Facilities 841
Furniture, Equipment, and Supplies 322
Communication and Reproduction 211
Computer Services 421
Miscellaneous Taxes and Insurance 25
E & O Insurance 332
B & O Taxes 354 $ 8,345
$8,345/$5,274
Indirect Cost Rate = 158.23%
Exhibit F
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
EXHIBIT G
SUBCONTRACTED WORK
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT.
• Shannon & Wilson
400 North 34th Street, Suite 100
P.O. Box C-30313
Seattle, WA 98103
• Widener & Associates
9908 Airport Way, Building 12 Unit 1,
Snohomish, WA 98296
• The TRANSPO Group
11730 118d' Avenue N.E., Suite 600
Kirkland, WA 98034
• Huibregtse, Louman Associates, Inc.
801 North 39`h Ave.
Yakima, WA 98902
• PHAROS Corporation
123 Second Avenue
P.O. Box 1569
Edmonds, WA 98020
• Kennedy/Jenks Consultants
32001 32nd Avenue South, Suite 100
Federal Way, WA 98001
EXHIBIT G-1
Sub -Consultant Analysis of Costs - Shannon & Wilson
Direct Salary Cost (DSC)
PERSONNEL Hours Pay Rate Cost
Project Executive 32 $64.33 $ 2,027
Project Associate 42 $42.33 1,778
Project Manager 124 $33.64 4,172
Project Engr. 150 $26.06 3,909
Eng/Geol 138 $ 23.94 3,304
Eng/Tech 46 $21.29 979
CADD 37 $22.13 819
Clerical 15 $20.49 307
Direct Salary Cost Total 584 $ 17,294
Overhead Cost
Net Fee
Reimbursables
195.30%
30.00%
Subsistance $85/Day 6 Days
Mileage $0.360/Mile 1,200 Miles
PID $85/Day 4 Days
EDR $145 Lump Sum
Sampling Supplies $25 Lump Sum
Aerial photos, photocopies, misc. $20 Lump Sum
Reproduction $300 Lump Sum
Shipping $85 each 3
Subcontractors
Drilling - Three 15 -foot -deep Borings & One 60 -foot -deep Boring
Traffic Control
Test Pits - Two 25 -foot deepTest Pits
Environmental Laboratory Testing
of DSC $
of DSC
33,776
5,188
SUBTOTAL $ 56,259
510
432
340
145
25
20
300
255
SUBTOTAL $ 2,027
10,156
821
16,913
1,219
SUBTOTAL $ 29,108
TOTAL $ 87,394
Exhibit G-2'
Shannon & Wilson, Inc.
Provisional FAR Part 31 Allowable Overhead Rate
Calendar Year 2002
Based on 2001 Actuals
Direct Labor Base
Percent of
5,821,033.86 Direct Labor
Labor Overhead
Additional Compensation 15,015.54 0.3%
Retirement Fund 0.00 0.0%
Vacation,Sick, Holiday 685,988.96 11.6%
Payroll Fringes 1,311,770.53 22.5%
2,012,775.03 34.6% 34.6%
General and Administration
From Less FAR Less Direct Adjusted
Financials Unallowable Labor OH Expenses
Administrative Salaries 2,639,215.92 7,277.80 2,646,493.72
Proposal and Bus Dev Labor 1,593,203.92 (308,850.34) 1,284,353.58
Vacation Holiday Sick 1,149,225.89 (685,988.96) 463,236.93
Fringes on G&A Salaries 2,259,265.53 (61,678.19) (1,311,770.53) 885,816.81
Profit Sharing 0.00 0.00 0.00 •
Equipment Expense (106,436.96) (106,436.96)
Rent and Facility Expense 1.400,707.71 (20,976.00) 1,379,731.71
Travel and Auto Expense 144,901.96 144,901.96
Proposal and Bus Dev Expense 319,411.65 (111,391.54) 208,020.11
Interest 231,665.48 (231,665.48) 0.00
Supplies 192,667.45 192,667.45
Outside Prof and Tech Services 241,395.56 (6,396.91) 234,998.65
Computer Expenses 114,448.28 114,448.28
Telephone and Postage 368,369.78 368,369.78
Conferences and Professional Acti, 186,427.14 186,427.14
Depreciation 440,258.75 440,258.75
Insurance 326,733.42 326,733.42
Taxes and Licenses 237,792.14 (4,041.00) 233,751.14
Miscellaneous 438,423.27 (96,150.27) 342,273.00
Bad Debt 108,801.18 (108,801.18) 0.00
Additional Compensation 25,155.28 (15,015.54) 10,139.74
12,311,633.35 (942,673.11) (2,012,775.03) 9,356,185.21
11,368,960.24
45.5%
22.1%
8.0%
15.2%
0.0%
-1.8%
23.7%
2.5%
3.6%
0.0%
3.3%
4.0%
2.0%
6.3%
3.2%
7.6%
5.6%
4.0%
5.9%
0.0%
0.2%
160.7% 160.7%
195.3% 195.3%
EXHIBIT G-3
Sub -Consultant Analysis of Costs - Widener Associates
Direct Salary Cost (DSC)
PERSONNEL Hours Pay Rate Cost
Project Manager 660 45.00 29,700
Planner 1060 22.60 23,956
Direct Salary Cost Total 1720 $ 53,656
Overhead 150.00% of DSC $
Net Fee 30.00% of DSC $
Reimbursables
Travel/Parking (2700 miles @0.36/mile)
Reproduction/Postage
Communications
Miscellaneous
80,484
16,097
SUBTOTAL $ 150,237
SUBTOTAL
TOTAL $ 150,237
Widener & Associates
BREAKDOWN OF OVERHEAD COST
Exhibit G-4
Projected
2003
$250,680
Direct Labor
OH Rate as % of
Direct Labor
FRINGE BENEFITS
Holiday pay $7,520 3.00%
Vacation $20,054 8.00%
Sick Pay $2,682 1.07%
Payroll Taxes $20,054 8.00%
Insurance - Health $6,417 2.56%
Pension plan $32,413 12.93%
Profit sharing plan $32,413 12.93%
Total Fringe Benefits $121,555 48.49%
GENERATED OVERHEAD
Indirect salaries $117,820 47.00%
Seminars, Education $7,295 2.91 %
Insurance - Professional liability $11,055 4.41%
Insurance - other $577 0.23%
Computer expense $12,534 5.00%
Direct Cost Reimbursements
Travel expense $32,588 13.00%
Employee Per Diem
Relocation expense $4,387 1.75%
Office Supplies $5,014 2.00%
Office rent and utilities $15,041 6.00%
Professional Services $1,379 0.55%
General office expenses $7,520 3.00%
Telephone $14,815 5.91%
Taxes - State Business & Occupation $10,027 4.00%
Depreciation $15,041 6.00%
Cost of Money
Total Generated Overhead $255,092 102%
Total Fringe Benefits + Generated Overhead $376,647 150.00%
EXHIBIT G-5
Sub -Consultant Analysis of Costs - TRANSPO
Direct Salary Cost (DSC)
PERSONNEL Hours Pay Rate Cost
Principal 112 $ 53.51 $ 5,993
Engineer V 177 36.35 6,434
Engineer III 318 31.29 9,950
Engineer II 342 27.01 9,236
Admin/ Acctng 16 27.30 437
CAD Drafter 64 25.20 1,613
Clerical/ Secretarial 20 20.48 410
Direct Salary Cost Total 1049 $ 34,072
Overhead 204.07% of DSC $ 69,532
Net Fee 21.53% of DSC $ 7,336
Reimbursables
Travel/Parking
Computer
Reproduction/Postage
Communications
SUBTOTAL $ 110,940
1,491
200
200
SUBTOTAL $ 1,891
TOTAL $ 112,831
Exhibit G-6
STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD
FOR THE YEAR ENDED DECEMBER 31, 2001
THE TRANSPO GROUP, INC.
FAR
FAR
Refer.
FAR % Of
DESCRIPTION
2001
Unallowable
FAR
% Of
Adjustments
For
Allowable Direct
Expense
Expenses
Allowable .
Direct
Made by
Basis of
Expense Labor
Per Transpo
Expense
Labor
Auditor
Adjust.
Per Audit Per Audit
DIRECT LABOR
$1,435,999
$1,435,999
100.00%
$0
$1,435,999
100.00%
FRINGE BENEFITS
Payroll Taxes
$224,779
$224,779
15.65%
$224,779
15.65%
Group Insurance
$106,092
$106,092
7.39%
$106,092
7.39%
Paid Leave - Vac., Holiday, Sick
$274,255
$274,255
19.10%
$274,255
19.10%
Employee Benefit Plans
$275,278
$275,278
19.17%
$275,278
19.17%
TOTAL - FRINGE BENEFITS
$880,404
$0
$880,404
61.31%
$0
$880,404
61.31%
GENERAL OVERHEAD
ADMINISTRATIVE LABOR
Administrative Labor
$793,069
$793,069
55.23%
$793,069
55.23%
Signing Bonuses & Termination CI
$32,500
$32,500
2.26%
$32,500
2.26%
Bonuses
$481,995
$98,147
$383,848
26.73%
A
$383,848
26.73%
SUBTOTAL-AdministrativeLabo $1,307,564
$98,147
$1,209,417
84.22%
$0
$1,209,417
84.22%
GENERAL OFFICE EXPENSE
Depreciation
$101,153
$101,153
7.04%
$1,563
B
$99,590
6.94%
Professional Dues & Training
$42,249
$660
$41,589
2.90%
C
$41,589
2.90%
Traffic Count Vendors
($3,740)
($3,740)
-0.26%
($3,740)
-0.26%
Meals & Entertainment
$23,903
$6,065
$17,838
1.24%
$6,202
D
$11,636
0.81%
Employee Relations
$1,550
$1,550
0.11%
$1,550
0.11%
Travel
$55,352
$55,352
3.85%
$4,380
E
$50,972
3.55%
Professional Meetings & Conferen
$10,958
$10,958
0.76%
$30
F
$10,928
0.76%
Insurance -Gen Liab, Prof. Liability
$22,950
$0
$22,950
1:60%
$22,950
1.60%
Insurance - Key Employee
$5,026
$5,026
$0
0.00%
G
$0
0.00%
Interest Expense
$1,008
$1,008
$0
0.00%
H
$0
0.00%
Legal/Accounting/Advisors
$15,947
$1,066
$14,881
1.04%
I
$14,881
1.04%
Recruiting Costs
$6,053
$6,053
0.42%
$6,053
0.42%
Outsource -HR, Computer & Tem'
$86,351
$86,351
6.01%
$86,351
6.01%
Office Supplies/Repro/Equip Rent
$122,668
$1,872
$120,796
8.41%
J
$120,796
8.41%
Communications
$56,661
$2,296
$54,365
3.79%
K
$54,365
3.79%
Rent, Repairs & Maintenance
$210,908
$210,908
14.69%
$210,908
14.69%
Business Taxes
$94,940
$655
$94,285
6.57%
L
$94,285
6.57%
United Way Company Match Coni
$13,174
$13,174
$0
0.00%
M
Corporate Charitable Contribution
$6,100
$6,100
$0
0.00%
N
Bad Debts
$70,000
$70,000
$0
0.00%
0
$0
0.00%
SUBTOTAL- General Office
$943,211
$107,922
$835,289
58.17%
$12,175
$823,114
57.32%
Facilities Capital Cost of Money
$17,742
$17,742
L24%
$195
P
$17,547
1.22%
TOTAL - GENERAL OVEF $2,268,517
$206,069
$2,062,448
143.62%
$12,370
$2,050,078
142.76%
TOTAL OVERHEAD EXPENS $3,148,921
$206,069
$2,942,852
204.93%
$12,370
$2,930,482
204.07%
EXHIBIT G-7
Sub -Consultant Analysis of Costs - HLA
Direct Salary Cost (DSC)
PERSONNEL Hours Pay Rate Cost
Principal 10 $ 48.00 $ 480.00
Professional Land Surveyor 160 25.00 4,000
Survey CAD technician 220 20.00 4,400
Crew Chief 240 21.00 5,040
Instrument Man 240 17.50 4,200
Engineer/Technician 0
Landscape Designer/CADD 0 -
Project Coordinator 0
Clerical 40 15.00 600
Direct Salary Cost Total 910 • $ 18,720
Overhead 150.77% of DSC $ 28,224
Net Fee 30.00% of DSC $ 5,616
Reimbursables
Travel/Parking
Flaggers
Reproduction/Postage
GPS Equipment Charge
Utility Excavation, Level "A" SUE
SUBTOTAL $ 52,560
500
6,500
200
2,880
3,000
SUBTOTAL $ 13,080
TOTAL $ 65,640
Exhibit G-8
BREAKDOWN OF OVERHEAD COST
Huibregtse, Louman Associates, Inc..
Salary Overhead
Indirect Labor 64.28%
FICA 11.54%
Other Payroll Taxes 3.27%
Insurance 5.76%
Subtotal Salary Overhead 84.85%
General Overhead
Other Misc. Taxes 7.64%
Insurance 7.04%
Expenses 8.98%Equipment Maintenance 2.03%
Office Supplies 7 20'x°
Field Supplies 1.48'
Vehicle Maintenance 1.25%
Vehicle Fuel 2.47%
Office Rent 5.86%
Telephone 3.08%
Utilities 2.00%
Outside Hire 2.68%
Dues & Professional Fees 1.59%
Publications & Documents 0.70%
Legal Fees
0.11%
Accounting Fees 0.55%
Miscellaneous 3.12%
Depreciation 8.14%
Subtotal General Overhead 65.92%
Total Overhead 150.77%
EXHIBIT G-9
Sub -Consultant Analysis of Costs - PHAROS
Direct Salary Cost (DSC)
PERSONNEL Hours Pay Rate Cost
Principal 25 55.29 1,382
Project Manager 75 42.10 3,158
Relocation Project Manager 100 39.90 3,990
Agent/Title 400 20.67 8,268
Clerical 40 18.27 731
Direct Salary Cost Total 640 $ 17,529
Overhead 170.54% of DSC $ 29,893
Net Fee 30.00% of DSC $ 5,259
Reimbursables
Subconsultants
Travel/Parking
Reproduction/Postage
Communications
SUBTOTAL $ 52,680
2,550
150
300
SUBTOTAL $ 3,000
Appraisals $ 12,000
Appraisal Reviews 2,000
SUBTOTAL $ 14,000
TOTAL $ 69,680
Exhibit G-10
PHAROS CORPORATION
BREAKDOWN OF OVERHEAD COSTS
General
Based on December 31, 2000 Financial Statements
NONAUDITED
December 2000
HOME
FIELD
DIRECT LABOR
.504 716
$ 313,085.00
'. 191,631.00
Fringe Benefits
FICA
$47,532
Medicare
$13,523
Allocation A = $191,631/$504,716 = .3797
Misc. P/R Taxes
$17,287
Vac/Holi/Sick (Accrued)
$71,524
Allocation B = $245476".3797/$313,085+$245,476 = .1669
Bonus
$119,056
Profit Sharing Contributions
$40,000
Medical Ins
$27,609
Total Fringe Benefits
$336,531
66.68%
$208,749.99
66.68%
$127,780.70
66.68%
General Overhead
Indirect Labor
$245,476
$152,268.76
$93,207.24
Payroll Service Chgs.
$3,081
$2,567.01
$514.26
Auto Lease/Rentals
$7,259
$6,047.32
$1,211.50
Bank Charges
$1,003
$622.16
$380.84
Computer Supplies
$3,574
$2,977.42
$596.48
Consultants - Overhead
$6,697
$5,579.15
$1,117.70
Depreciation/Amortization
$1,234
$1,027.92
$205.93
Equipment Exp/ Rental/Lease
$11,650
$9,705.66
$1,944.40
Fuel/Mileage/Exp
$4,313
$3,593.16
$719.84
Furniture Exp/ Rental/Lease
$25,727
$21,433.16
$4,293.84
Insurance
$7,300
$4,528.19
$2,771.81
Legal Advice
$1,600
$1,332.96
$267.04
Licenses
$3,743
$3,118.58
$624.77
Maintenance
$1,412
$1,176.17
$235.63
Meals
$589
$490.70
$98.30
Office Supplies
$12,984
$10,817.03
$2,167.04
Printing/Postage/Shipping
$4,000
$3,332.78
$667.68
Publications
$3,647
$3,038.32
$608.68
Recruitment - Ads
$6,965
$5,802.54
$1,162.46
Rent
$36,687
$30,564.14
$6,123.10
Seminars/Conf/Mtgs.
$5,294
$4,410.26
$883.54
Taxes -Business
$21,573
$13,381.44
$8,191.09
Temporary Help
$13,893
$11,574.05
$2,318.70
Telephone
$18,445
$15,366.22
$3,078.41
Travel/Lodging
$12,523
$10,432.91
$2,090.09
1
Total General Overhead
$460,668
91.27%
$325,188.02
103.87%
$135,480.36
70.70%
Total Fringe/General Overhead
$797,199
157.95%
$533,938.01
170.54%
$263,261.06
137.38%
EXHIBIT G-11
Sub -Consultant Analysis of Costs - Kennedy/Jenks
Direct Salary Cost (DSC)
PERSONNEL Hours Pay Rate Cost
Principle Engineer/Scientist 30 53.08 1,592
Senior Engineer/Scientist 10 48.75 488
Senior Associate Engineer/Scientist 95 36.05 3,425
Associate Engineer/Scientist 90 37.21 3,349
Engineer/Scientist 30 28.27 848
Senior Staff Engineer/Scientist 98 27.55 2,700
Staff Engineer/Scientist 56 21.20 1,187
Designer/Senior Technician 250 ' 29.50 7,375
Project Administration/Word Processing 2 23.25 47
Direct Salary Cost Total 661 $ 21,010
Overhead 170.00% of DSC $ 35,717
Net Fee 30.00% of DSC $ 6,303
Reimbursables
Travel/Parking
Miscellaneous
SUBTOTAL $ 63,031
500
325
SUBTOTAL $ 825
TOTAL $ 63,856
Exhibit G-12
Kennedy/Jenks Consultants
FAR Allowable Overhead at December 31, 2002
2002
Description
Amount
%
Payroll - Job Charged
$13,167,169
100.0%
Salary Cost Burden:
Payroll taxes:
State unemployment
$69,259
0.5%
FICA
$1,833,582
13.9%
FUTA
$24,551
0.2%
Workers' Compensation
$255,508
1.9%
Holiday, vacation, sick
$2,851,658
21.7%
Health, life & accid.ins
$1,610,704
12.2%
Retirement plan
$700,000
5.3%
Subtotal - Fringe. Benefits
$7,345,262
55.8%
Payroll:
Office services •
$3,086,141
23.4%
Technical & prof develop
$365,658
2.8%
Corporate/branch mngt
$1,179,915
9.0%
Negotiations & proposals
$4,919,067
37.4%
Subtotal - Overhead Payroll
$9,550,781
72.5%
Legal & accounting
$177,502
1.3%
Printing & reproduction
$427,077
3.2%
Telephone & communications
$463,857
3.5%
Office expense & materials
$1,663,121
12.6%
Rent & occupancy costs
$3,031,513
23.0%
Other taxes & licenses
$272,400
2.1%
Insurance - liability
$606,002
4.6%
Insurance - all other
$399,736
3.0%
Travel & subsistence
$1,120,429
8.5%
Depreciation - net
$1,185,754
9.0%
Incentive comp/bonuses
$640,850
4.9%
Data communications & comp. supplies
$794,096
6.0%
State income tax
($25,000)
-0.2%
Subtotal - Other Overhead
$10,757,337
81.7%
Total FAR Allowable OH
$27,653,380
210.0%
The above figures exclude charitable contributions, legal fees related to specific projects,
dues related to lobbying expense, bad debt expense, FAR unallowable expenses
(e.g.support for state ballot propositions, ball game tickets, etc.), interest income and
expense, premium on officers' life insurance, federal income tax, deferred portion of
state income taxes.
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. K- /
For Meeting of May 20, 2003
Resolution authorizing execution of agreement with BERGER/ ABAM
Engineers, Inc. for engineering/consulting services related to grade
separation railroad project
am R. Cook, CED Director
Kay Adams, City Engineer
CONTACT PERSON/TELEPHONE: William R. Cook (575-6227)
K. Wendell Adams (575-6111)
SUMMARY EXPLANATION:
Attached is an agreement for BERGER/ ABAM to begin final design on the grade separation
railroad project. This will include development of the federal and local required NEPA/SEPA
environmental documents. This agreement also covers the right-of-way acquisition and relocation
process required under federal law. The time to complete the design and certify the
environmental process to begin construction will be approximately two years. The cost for this
Agreement is $1,250,000, which includes all costs associated with the designated scope of work,
and will be funded through a federal grant.
BERGER/ ABAM has previously completed the pre -design design report and conceptual
alternatives portion of this project and they have been selected to continue with this next phase.
Funding for the previous phase was obtained from a federal grant in the amount of $750,000. The
scope of work was completed and the authorized funding was sufficient to accomplish this phase
per our local agency federal agreement.
Resolution X Ordinance Contract X Other (Specify)
Funding Source Various Federal and State Funds
APPROVED FOR SUBMITTAL: ���
City Manager
STAFF RECOMMENDATION: Approve resolution authorizing. agreement with
BERGER/ ABAM Engineers, Inc.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-75